IN THE CASE OF:
BOARD DATE: 29 May 2008
DOCKET NUMBER: AR20080003762
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he recently requested a copy of his DD Form 214 and there is no record of his reserve duty with the 320th Military Police Company, in St. Petersburg, Florida. He continues that he reenlisted in the reserve and was later discharged under a hardship discharge due to his infant sons illness.
3. The applicant provides no additional documentation in support of this case.
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 had prior active duty service. On 15 September 1982, he enlisted in the U.S. Army Reserve (USAR) and was assigned to the 320th Military Police Company, St. Petersburg, Florida.
3. Headquarters, 81st U.S. Army Reserve Command Order 107-11, dated
9 June 1983, shows that the applicant was relieved from the 320th Military Police Company and assigned to the USAR Control Group (Reinforcement) for the reason of "Unsatisfactory Participation" effective 6 June 1983.
4. U.S. Army Reserve Personnel Center (ARPERCEN) Orders D-03-014451, dated 29 March 1984, show that the applicant was honorably discharged from the USAR effective 1 April 1984. He had never been on extended active duty.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers 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. It states, in pertinent part, that regulation is applicable to members of the active duty Army, the Army National Guard (ARNG), and the USAR on 90 days or more of active duty, active duty for training, or full-time training duty.
DISCUSSION AND CONCLUSIONS:
In accordance with Army Regulation 635-5 the applicant would have had to have been on active duty to be issued a DD Form 214. There is no evidence in the applicant's records that show he was in an active duty status prior to his discharge from the USAR. Therefore, he is not entitled to issuance of a DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx __ ___xx__ ___xx___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
xxxxx
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003762
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ABCMR Record of Proceedings (cont) AR20080003762
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