IN THE CASE OF:	  

		BOARD DATE:	       11 September 2008

		DOCKET NUMBER:  AR20080010501 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 May 1997 be corrected to show his prior inactive service in the U.S. Army Reserve (USAR) and that he entered service on 2 May 1990. 

2.  The applicant states, in effect, that he enlisted in the USAR on 2 May 1990 and served 18 months prior to entering active duty on 8 October 1991.

3.  The applicant provides his USAR enlistment contract; four orders; and a certificate of training.

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 enlistment contract, dated 2 May 1990, shows he enlisted in the USAR on 2 May 1990 for a period of 8 years for training in military occupational specialty (MOS) 29E (radio repairer).  Orders show that he was ordered to active duty for training (9 weeks for basic training under the alternate training program) on 27 June 1990 and released from active duty for training on 
30 August 1990 (a total of 2 months and 3 days of active duty) and returned to his USAR unit of assignment. 

3.  There is no evidence to show the applicant completed advanced individual training (AIT) and was awarded an MOS.

4.  The applicant enlisted in the Regular Army on 8 October 1991, served as an infantryman, and was honorably discharged on 14 May 1997 by reason of physical disability.

5.  Item 12d (Total Prior Active Service) on the applicant’s DD Form 214 for the period ending 14 May 1997 shows the entry, “0000 00 00.”  Item 12e (Total Prior Inactive Service) on his DD Form 214 shows the entry, “0000 00 00.”

6.  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 the preparation of the DD Form 214.  In pertinent part it states 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.  It states, in pertinent part, that a DD Form 214 will be prepared for Reserve component (RC) Soldiers 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 which resulted in the award of a MOS, even though the active duty was less than 90 days.      

DISCUSSION AND CONCLUSIONS:

1.  The entries on the applicant’s DA Form 2-1 which show that he was ordered to active duty for training on 27 June 1990 and released from active duty on 
30 August 1990 are accepted as sufficient evidence on which to amend item 12d on his DD Form 214 for the period ending 14 May 1997 to show he served 
2 months and 3 days of prior active service. 

2.  Evidence of record shows the applicant enlisted in the USAR on 2 May 1990 and he enlisted in the Regular Army on 8 October 1991.  Therefore, item 12e on his DD Form 214 for the period ending 14 May 1997 should be corrected to show he served 1 year and 3 months of prior inactive service (minus his active duty service for training in 1990).    

3.  A DD Form 214 is a synopsis of a Soldier’s continuous active duty.  Since the applicant did not complete 90 days of continuous active duty for training ending on 30 August 1990, and there is no evidence of record to show he was ordered to active duty for training to attend AIT in MOS 29E, he was not authorized a DD Form 214 for this period of active duty.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xx____  ___xx___  __xx____  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:

	a.  deleting the entries in items 12d and 12e on his DD Form 214 for the period ending 14 May 1997; 

	b.  adding the entry, “0000 02 03” in item 12d on this DD Form 214; and 

	c.  adding the entry, “0001 03 00” in item 12e on this DD Form 214.

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 amending his DD Form 214 to show he entered the service on 2 May 1990.


      _______ _xxxx______   ___
               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)                                         AR20080010501





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010501



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1