IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080004194 


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, in effect, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his active duty service from 23 January 1985 to 8 July 1985.

2.  The applicant states, in effect, that he was never issued a DD Form 214 for this period of service; however, while in the Reserve, he did complete basic training (BT) and advanced individual training (AIT).  This information was reflected on his contract for the Regular Army status.  When he departed AIT, he was not aware that he was supposed to receive a DD Form 214.  He states that he was only made aware of this error/discrepancy in his records when he submitted his request for retirement. 

3.  The applicant provides a copy of his United States Army Reserve (USAR) contract, dated 1 November 1984; a copy of his US Army Signal School Diploma, covering the period 3 April 1985 to 8 July 1985; a copy of his Active Duty contract, dated 7 April 1993; a copy of his DD Form 214, dated 24 May 1990; and copy of his Statement of Understanding (sic - Classified Information and Nondisclosure Agreement), dated 21 March 1986, in support of his request. 

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's record shows he enlisted in the USAR on 1 November 1984. 

3.  Item 37 (Remarks), of his DD Form 1966/6 (Application for Enlistment – Armed Forces of the United States), indicated that the applicant would report to the MEPS (Military Entrance Processing Station), Fort Jackson, South Carolina, on 23 January 1985 and begin BT at Fort Jackson on 1 February 1985, and AIT at Fort Gordon, Georgia, on 5 April 1985. 

4.  The applicant provided a copy of his US Army Signal Center and Fort Gordon Diploma which shows that he completed the Single Channel Radio Operator Course (201-31C10), with a course length of 13 weeks and 1 day, from 3 April 1985 to 8 July 1985. 

5.  The applicant provided a copy of his Classified Information Nondisclosure Agreement, dated 21 March 1986, which states that he agreed to its terms and accept it as a prior condition of authorizing access to classified information.

6.  The applicant continued to serve until he was honorably discharged on 16 April 1986, for the purpose of immediate reenlistment.  He reenlisted in the USAR on 17 April 1986.  He enlisted in the Regular Army on 3 June 1986.  He was promoted to pay grade E-4 on 1 April 1987.  He continued to serve until he was honorably discharged from the Regular Army on 24 May 1990.  He was transferred to the USAR Control Group (Reinforcement).  

7.  The applicant served in the USAR until he was honorably discharged on 6 April 1993.  He reenlisted in the Regular Army on 7 April 1993.  He was promoted to staff sergeant (SSG/E-6) effective 1 April 1998.  He continues to serve on active duty and is assigned to Fort Bragg, North Carolina. 





8.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  A DD Form 214 will be prepared for members of the Army National Guard, in a Federal 
status, and the Army Reserve who completed 90 days or more of continuous active duty, full-time training duty, active duty support, completion of IADT which resulted in award of a military occupational specialty (MOS), or from a special duty training program tour.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served for more than 90 days of continuous active duty, and he completed the period for which he was ordered to active duty for the purpose of post-service benefits and entitlements.  The evidence shows he served on active duty for the period from 23 January 1985 to 8 July 1985, which consisted of 5 months and 16 days of active duty service.  

2.  It is possible that the applicant was issued a DD Form 214 as we would assume government regularity; however, he stated that he never received the DD Form 214 for this specific period of service and his records failed to reveal a copy.  Army Regulation 635-5 requires the issuance of a DD Form 214 for any period of active duty in excess of 90 days.  Since there is insufficient information to develop an entire DD Form 214, it is recommended that the applicant be issued a Certificate of Military Service for the period 23 January 1985 to 8 July 1985 instead of the DD Form 214 that he initially requested. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 the applicant a Certificate of Military Service for the period 23 January 1985 to 8 July 1985.

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 issuance of a DD Form 214 for the period 23 January 1985 to 8 July 1985.  




      _________x_____________
       	   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)                                         AR20080004194



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ABCMR Record of Proceedings (cont)                                         AR20080004194



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