BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090004338
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 provided a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served on active duty for 180 days beginning on 30 November 1990.
2. The applicant states that he was involved in and ordered to active duty on
30 November 1990 for a period of 180 days and he needs a DD Form 214 to reflect this information so that he can apply for benefits.
3. The applicant provides a copy of Section VII - Current and Previous Assignments from his DA Form 2-1(Personnel Qualification Record).
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 enlisted in the Georgia Army National Guard (GAARNG) on 7 September 1989 for a period of 8 years. He was ordered to active duty for training (ACDUTRA) on 7 November 1989 and he was transferred to Fort Benning, Georgia to undergo his one-station unit training (OSUT) as an infantryman. He completed his training and was honorably released from ACDUTRA on 6 April 1990 and was returned to his GAARNG unit.
3. On 30 November 1990, the applicant was ordered to active duty for a period of 6 months, unless sooner released or later extended. On 1 December 1990, he was transferred to Fort Stewart, Georgia, where he served as a Bradley Fighting Vehicle (BFV) driver until 7 January 1991, when he was released from active duty and was returned to his GAARNG unit. He had served 37 days of active service during this period and was not issued a DD Form 214.
4. On 1 July 1992, the applicant was discharged from the GAARNG under honorable conditions and he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). On 4 May 1993, he was honorably discharged from the USAR.
5. On 24 February 2009, officials at the National Personnel Records Center in St. Louis, Missouri advised the applicant that a DD Form 214 is not issued to Reserve Component personnel for periods less than 90 days in duration. He was advised at that time that if he felt that there was an error, he could apply to this Board.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation for the DD Form 214. It provides, in pertinent part, that a DD Form 214 will be issued to Reserve component Soldiers who complete 90 or more days of active duty.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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. Accordingly, there is no basis to grant the applicant's request.
2. The applicant did not serve the minimum 90 days of active duty service necessary to be issued a DD Form 214. Accordingly, there is no basis to grant the applicant's requested relief.
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) AR20090004338
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004338
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100024704
IN THE CASE OF: BOARD DATE: 5 April 2011 DOCKET NUMBER: AR20100024704 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.
ARMY | BCMR | CY2008 | 20080008676
The applicant states he was on active duty up until 1997 when he got hurt. These pages provide no evidence of the applicant having been on active duty since 17 May 1991. This regulation states, in pertinent part, that a DD Form 214 will be issued at the time of separation to each member of the Regular Army and each member of the Reserve components and the Army of the United States (AUS) without component, called or ordered to active duty or active duty for training (ACDUTRA) for a period...
ARMY | BCMR | CY2007 | 20070005505
The applicant requests, in effect, correction of his records to allow early consideration for promotion to lieutenant colonel (LTC) based on the 2006 Reserve Component Selection Board (RCSB) promotion criteria. The applicant states that the 14 months during the period 29 June 1989 through 27 August 1990 he spent in the Inactive (Individual) (sic) Ready Reserve (IRR) status was not counted toward his promotion to captain (CPT) or major (MAJ) even though he did not resign his Regular Army...
ARMY | BCMR | CY2004 | 2004100489C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his 6 April 1991 DD Form 214 (Certificate of Release or Discharge From Active duty) be corrected to show he was called to active duty by order of the President. The applicant's 6 April 1991 DD Form 214 states, in the remarks section, that the applicant had completed the period of service for which he had been ordered to active duty.
ARMY | BCMR | CY2004 | 20040007420C070208
The applicant requests (with his original application), in effect, that his 16 April 1990 discharge under the provisions of Army Regulation 635- 200, chapter 10 be changed to a discharge for erroneous enlistment and that all documents related to the chapter 10 discharge be expunged from his records; that he be paid for 19.5 days of accrued leave; that he be paid basic pay for the period 1 through 15 November 1988; that "something" be done about the DD Form 214 (Certificate of Release or...
ARMY | BCMR | CY2011 | 20110016873
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his: * Characterization of service from uncharacterized to honorable * Narrative reason for separation from entry level status to completion of required service * Reentry eligibility (RE) Code from N/A (Not Applicable) to RE-3 2. Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their...
ARMY | BCMR | CY2012 | 20120010058
The applicant states: * His late spouse, the FSM, was never notified that she had to make an election of retirement benefits; she died at age 46 * Although she kept meticulous records, there was no reference to a retirement letter or retirement election * Upon contacting the Michigan and the Georgia Army National Guard (MIARNG/GAARNG), there was no validation that she received her 20-year letter * Officials in both states indicated that mistakes were often made in recording retirement points...
ARMY | BCMR | CY2013 | 20130000945
IN THE CASE OF: BOARD DATE: 1 August 2013 DOCKET NUMBER: AR20130000945 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date or birth (DOB) as 6 September 19XX vice 9 June 19XX.
ARMY | BCMR | CY2008 | 20080003352
In support of his request, the applicant submitted a copy of a report of investigation - Line of Duty and Misconduct Status, dated 29 June 1990; a partial copy of a DA Form 3947 (Medical Evaluation Board Proceedings), with an approval date of 4 January 1991; an Army National Guard Current Annual Statement, with a preparation date of 14 June 1990; a copy of a National Guard Retirement Points Statement - Supplemental Detailed Report, with a preparation date of 3 April 1990; a copy of Orders...
ARMY | BCMR | CY2008 | 20080009130
On 7 September 2004, the applicant was considered by a Medical Evaluation Board (MEB). The DD Form 214 he was issued, shows he was honorably discharged from active duty in accordance with paragraph 4-24B(3) of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of disability with entitlement to severance pay. The evidence of record shows that the applicant completed various periods of service in the Regular Army, ARNG, and USAR, and that...