IN THE CASE OF:
BOARD DATE: 21 July 2009
DOCKET NUMBER: AR20090003975
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 3 July 1986, to show he served 14 days of foreign service in the Philippines in 1987.
2. The applicant states that his current DD Form 214 does not reflect his overseas service. He adds that his unit was activated and was attached to the U.S. Marine Corps in the Philippines.
3. The applicant provides a self-authored letter, dated 5 February 2009; a copy of his DD Form 214, dated 3 July 1986; a copy of Annual Training Orders 206-1, issued by the Illinois Army National Guard (ILARNG), on 27 October 1987; and a copy of a letter, dated 29 March 2007, from the National Personnel Records Center, 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 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's records show he enlisted in the ILARNG on 19 September 1985. He was subsequently ordered to active duty for training (ADT), on 18 February 1986, completed basic combat and advanced individual training, and was awarded military occupational specialty 91A (Medical Specialist). He was honorably released from ADT to the control of his ARNG unit on 3 July 1986. The DD Form 214 he was issued shows he completed 4 months and 16 days of creditable active service.
3. On 27 October 1987, the Military and Naval Department of the ILARNG published orders 206-1 ordering the applicants unit to annual training (AT) for a period of 14 days, from 7 to 20 November 1987, to provide troop augmentation to Company B, U.S. Marine Corps, Subic Bay, Republic of the Philippines.
4. The applicants records show he was honorably released from the ARNG on 1 October 1991.
5. In a statement, dated 5 February 2009, the applicant requests that his DD Form 214 be corrected to reflect his overseas service in the Philippines. He adds that he was a member of a unit that was activated for this mission. He also states that the use of commercial air transportation was authorized and that he wore civilian clothes upon arrival due to the hostile nature of the mission.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldiers service. A DD Form 214 will be prepared for selected categories of military personnel including Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the period of AT served from 7 November 1987 to 20 November 1987 in the Philippines should be listed on his DD Form 214.
2. The evidence of record shows the applicant entered active duty on 18 February 1986 and he was honorably released from active duty on 3 July 1986. He was issued a DD Form 214 for this ADT period. A little over a year later and as a member of his ARNG unit he was ordered to AT from 7 to 20 November 1987. This period of AT was less than 90 days; therefore, the issuance of a DD Form 214 for this period was not warranted/required.
3. Additionally, the above period of service occurred outside the period covered by the DD Form 214 that was issued on 3 July 1986; therefore, this service cannot be entered on the previously-issued DD Form 214.
4. The DD Form 214 is a summary of a Soldiers most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on the termination of a Soldiers service.
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.
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.
_______ _ _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) AR20090003975
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