RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       27 September 2007
      DOCKET NUMBER:  AR20070005948


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214, Certificate
of Release or Discharge from Active Duty, be corrected to include his
active reserve commitment, Desert Storm/Iraq activation, and his IRR
(Individual Ready Reserve) status in between.

2.  The applicant states, in effect, he was given false information by his
unit administrator.  He was told as long as he had a DD Form 214 that is
all that mattered.  That, he states, is not the case.  The correct dates
and time in service need to be added to his present DD Form 214.  He
concludes by stating he has two years of service.

3.  In support of his request, the applicant provides a copy of his DD Form
214, with an effective date of his release from active duty of 15 June
1986; and a self-authored letter to the Board with essentially the same
request for action as outlined above.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for
correction of military records must be filed within 3 years after
discovery of the alleged error or injustice.  This provision of law also
allows the Army Board for Correction of Military Records (ABCMR) to
excuse an applicant’s failure to timely file within the 3-year statute of
limitations if the ABCMR determines it would be in the interest of
justice to do so.  While it appears the applicant did not file within the
time frame provided in the statute of limitations, the ABCMR has elected
to conduct a substantive review of this case and, only to the extent
relief, if any, is granted, has determined it is in the interest of
justice to excuse the applicant’s failure to timely file.  In all other
respects, there are insufficient bases to waive the statute of
limitations for timely filing.

2.  The applicant enlisted in the US Army Reserve on 12 October 1984.  On
18 October 1984, he enlisted in the Regular Army for 4 years.  He
successfully completed one station unit training at Fort Sill, Oklahoma.
On completion of his training, he was awarded the military occupational
specialty (MOS) 13F, Fire Support Specialist.

3.  The applicant served on active duty until he was honorably released
from active duty, on 15 June 1986, under the provisions of Army Regulation
(AR)
635-200, Chapter 16-2a, for acceptance into an Army Reserve Officer
Training


Corps Program.  At the time of his release from active duty, he had
completed 1 year, 7 months, and 28 days net active duty service, and 6 days
total prior inactive service.

4.  On 1 November 1989, the applicant was issued a DARP Form 2496,
Statement of Service, that he had accumulated up to that point.

5.  The evidence show that on 6 July 1990, the applicant enlisted in the US
Army Reserve for 1 year, with a scheduled expiration of term of service
date of 5 July 1991.

6.  On 27 February 1991, Headquarters, 94th Army Reserve Command, Hanscom
Air Force Base, Massachusetts, published Orders 053-052 ordering the
applicant to active duty for training at Fort Sam Houston, Texas, for a
period of 70 days, plus allowable travel time to attend the 91A1O, Medical
Specialist Course.  On 13 May 1991, these orders were amended to extend
the period of active duty for training by one day.

7.  On 4 April 1991, Headquarters, Fifth U.S. Army and Fort Sam Houston,
Fort Sam Houston, Texas, published Orders 70-51 awarding the applicant the
MOS 91A1O, with an effective date of 24 May 1991.

8.  The applicant's service personnel record contains a diploma issued by
the Academy of Health Sciences which shows he successfully completed the
Medical Specialist Course which was conducted during the period 19 March
1991 through 24 May 1991.

9.  The applicant was discharged from the U.S. Army Reserve on 1 October
1991.  He was issued a DD Form 256A, Honorable Discharge.

10.  AR 635-5 prescribes the separation documents which are prepared for
individuals upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for
preparing and distributing the DD Form 214.  A DD Form 214 will be prepared
for all personnel at the time of their retirement, discharge, or release
from the active Army.  Personnel included are members of the Army National
Guard and the US Army Reserve separated after completing 90 days or more of
continuous active duty
for training, full time training duty, or active duty support; and after
completing initial active duty for training (IADT) (emphasis added) which
resulted in the award of a military occupational specialty, even though the
active duty was less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was released from active duty in the
Regular Army and was transferred to the US Army Reserve after being
accepted into an Army Reserve Officer Training Corps (ROTC) Program.  He
was issued a DD Form 214 for his 1 year, 7 months, and 28 days service on
active duty.

2.  The evidence shows after his release from active duty to enter into
an ROTC program, he remained in the IRR and, on 6 July 1990, he enlisted
in the US Army Reserve for one year.  He was ordered to active duty for
training, not initial active duty for training, and attended the Medical
Specialist Course at Fort Sam Houston, Texas.  The evidence shows he
served on active duty for 71 days plus allowable travel time.  On his
release from this active duty period, he was not issued a DD Form 214.

3.  The DD Form 214 the applicant was issued was not designed nor intended
to be a living document to be amended to add new information pertinent to
service or qualifications as they were performed/gained.  The DD Form 214
was designed to be a "snapshot" of an individual's qualifications and
service on the date of their discharge, release from active duty, or
separation.  A new DD Form 214 was meant to be prepared in compliance with
the provisions and guidelines established in AR 635-5 each time a
qualifying period of service was served which met the established criteria.

4.  The applicant was discharged from the US Army Reserve on 1 October
1991. He was not issued a DD Form 214 for his active duty for training or
for his US Army Reserve service because the applicable regulation did not
warrant issuance of a DD Form 214.  The applicant had prior active duty
service and on his entry on active duty for this training, he had an MOS;
his active duty for training was for less than 90 days; and even though he
was awarded a military occupational specialty, his active duty for training
was not his initial active duty for training.





5.  Based on the evidence in this case and the provisions of the applicable
regulation, AR 635-5, the applicant is not entitled to issuance of a DD
Form 214 to document this service.  However, in the interest of equity, it
would be appropriate to issue him a statement of service to document the
service he performed as a member of the US Army Reserve.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RTD __  __CD___  __EM ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by issuing him a statement of service to document
the service he performed as a member of the US Army Reserve.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the applicant's request that
pertains to correcting his DD Form 214, with an effective date of his
discharge of 15 June 1986, to include service and qualifications he gained
after this date.




                            _____Richard T. Dunbar______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070005948                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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