IN THE CASE OF:	  

		BOARD DATE:	        27 JANUARY 2009

		DOCKET NUMBER:  AR20080010049 


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, a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was in the service from 27 April 1989 to 3 March 2003.

2.  The applicant states that he had misplaced his DD Forms 214.

3.  The applicant provides in support of his application, a copy of his DD Form 214 for the period from 11 June 1990 to 8 August 1990 and for the period from 27 August 1990 to 21 July 1991; a copy of his DD Form 215 (Correction to DD Form 214), dated 26 February 1992; and a copy of AHRC [Army Human Resources Command] Form 606-E, subject: Retirement Point for: (applicant's name), dated 26 June 2004.

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.  On 27 April 1989, the applicant enlisted in the United States Army Reserve (USAR), in Miami, Florida, for 8 years, in the pay grade of E-3.  He was ordered to 8 weeks of initial active duty for training (IADT) effective 11 June 1990.

3.  The applicant was released from IADT on 8 August 1990, upon completion of his military occupational specialty (MOS) training and he was returned to his Reserve unit of assignment to complete his service obligation.  He was furnished a DD Form 214 to reflect this period of IADT.  The narrative reason for separation shows "Reserve Component Upon Completion of MOS Training."

4.  On 27 August 1990, the unit to which the applicant was assigned was ordered to active duty in support of Operation Desert Shield/Desert Storm.

5.  The applicant was released from active duty (REFRAD) on 21 July 1991.  The DD Form 214 that he was issued at the time shows that he was REFRAD under the provision of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, at the "Completion of Period Ordered to Active Duty."  He was later furnished a DD Form 215 to show that he was REFRAD at the "Expiration Term of Service," among other corrections to his 21 July 1991 DD Form 214.

6.  The applicant's records show that he was transferred from the Individual Ready Reserve to the USAR Control Group (Annual Training) effective 20 May 1992.

7.  The applicant reenlisted in the USAR for 3 years on 6 April 1997.  On 4 March 2000, he again reenlisted in the USAR for 3 years.

8.  According to the applicant, he was honorably discharged from the USAR on 3 March 2003.  However, the available records do not show the exact date of his discharge from the USAR.

9.  Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Personnel included are members of the Army National Guard (ARNG) and the USAR after completing 90 days or more of continuous active duty training, full-time training duty or active duty supports, and completing of IADT which resulted in the award of an MOS even though the active duty period was less than 90 days.  It also states, in pertinent part, that the DD Form 214 is a synopsis of 
the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was in the service from 27 April 1989 to 3 March 2003 and that he should be furnished a DD Form 214 to reflect this information.

2.  While the applicant was in the service from 27 April 1989 through 3 March 2003, he was a member of the USAR and he was not on active duty except for those periods of service that he was ordered to active duty in excess of 90 days, except for IADT.

3.  His records show that he was furnished a DD Form 214 for his initial period of active duty training and he was furnished a DD Form 214 for the period that he was ordered to active duty in support of Operation Desert Shield/Desert Storm in accordance with the applicable regulation.  

4.  The applicant has not submitted any evidence to show that he was on active duty for 90 days or more and failed to be furnished a DD Form 214 to reflect his active duty service.  In accordance with the applicable regulation, he is not entitled to the relief requested.

5.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  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.



      _________XXX_____________
               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)                                         AR20080010049



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010049



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1