RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 January 2008
DOCKET NUMBER: AR20070013110
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Mr. Paul M. Smith
Member
Mr. Larry C. Bregquist
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be reissued.
2. The applicant states that no copies of his DD Form 214 exist at the U. S. Army Human Resources Command St. Louis or online. He has copy number 1, but no other copy. He needs his DD Form 214 to be reissued to fulfill a government job requirement.
3. The applicant provides copy number 1 of his DD Form 214; a copy of his retired military identification card; his certificate of retirement; and a copy of his retirement Meritorious Service Medal certificate/orders with the related DA Form 638 (Recommendation for Award) and proposed narrative.
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 applicants 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 applicants 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 Regular Army on 16 February 1980. He was released from active duty for length of service retirement on 29 February 2000.
3. The applicant provided copy number 1 (Member) of his DD Form 214. This copy does not contain items 23 through 30 (the Type of Separation; the Character of Service; the Separation Authority; the Separation Code; the Reentry Code; the Narrative Reason for Separation; Dates of Time Lost; and Member Requests Copy 4, respectively). Copy number 4 (a second members copy) and copy number 2 (the record copy) would have contained this information. No copy of his DD Form 214 is filed in his electronic records.
4. Army Regulation 635-5 (Separation Documents) states that, once issued, the DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, a statement of service or transcript of military record will be issued.
DISCUSSION AND CONCLUSIONS:
Regrettably, the applicants DD Form 214 cannot be reissued per regulatory guidance. However, a transcript of military record will be issued to him. This transcript should be prepared to ensure, in addition to the normal entries, that the Type of Separation (Retirement); the Character of Service (Honorable); the Separation Authority (Army Regulation 635-200, chapter 12); the Reentry Code (4); the Separation Code (RBD); the Narrative Reason for Separation (Sufficient Service for Retirement), and Dates of Time Lost (None) are entered upon it.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__slp___ __pms___ __lcb___ 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 to him a transcript of military record with, in addition to the normal entries, the Type of Separation (Retirement); the Character of Service (Honorable); the Separation Authority (Army Regulation 635-200, chapter 12); the Reentry Code (4); the Separation Code (RBD); and the Narrative Reason for Separation (Sufficient Service for Retirement); and Dates of Time Lost (None) are entered upon it.
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 application that pertains to reissuing his DD Form 214.
__Shirley L. Powell___
CHAIRPERSON
INDEX
CASE ID
AR20070013110
SUFFIX
RECON
DATE BOARDED
20080129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
110.04
2.
3.
4.
5.
6.
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