BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090006741
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 reconsideration of the Board's denial of his request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his active duty service.
2. The applicant states he was in a vehicle accident on 31 May 1986, he was promoted on 1 December 1986, and he had a military medical examination on 18 September 1986. The documents recording these events, along with his retirement point summary which shows numerous other periods of active duty, clearly show that his DD Form 214 does not show all of his active duty service. The applicant also cites a Board of Veterans Appeals (BVA) decision which credits him with active duty not shown on his DD Form 214.
3. The applicant provides his BVA decision and excerpts from his military records.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080018552, on 5 March 2009.
2. The BVA decision and excerpts from his military records are new evidence which warrants reconsideration by this Board.
3. The applicants records show he enlisted in the Kentucky Army National Guard (KYARNG) on 2 March 1985. He entered active duty on 5 August 1985, he completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 11B (infantryman). He was released from active duty on 1 November 1985 and returned to his KYARNG unit. The applicants DD Form 214 shows 2 months and 27 days of active military service this period.
4. There is no evidence that the applicant served any additional periods of active duty of 90 days or more.
5. The retirement point summaries provided by the applicant shows the inactive service (weekend drills) and active duty (annual training) he performed before and after his initial entry training (IET). This includes retirement point credit for the duty performance he cites in his request.
6. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clearcut 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. This regulation further states, in part, that a DD Form 214 will be prepared for each Soldier, to include:
a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration term of service (ETS)), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;
b. 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;
c. RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;
d. Army National Guard (ARNG) and U.S. Army Reserve (USAR) Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and
ARNG soldiers called into Federal service under chapter 15, or section 12406, title 10, U.S. Code, regardless of length of mobilization, when transitioned from active duty. A soldier who reports to a mobilization station and is found
unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and
e. RC Soldiers completing initial active duty for training (ADT) that result in the award of an MOS, even when the active duty period was less than 90 days. This includes completion of advanced individual training (AIT) under ARNG Alternate Training Program or USAR Split Training Program.
DISCUSSION AND CONCLUSIONS:
1. A DD Form 214 only records the active duty performed during the inclusive period of active duty serve at the time of publication of the DD Form 214. It does not include active or inactive service performed after the publication of the DD Form 214.
2. While the applicant performed active and inactive duty after the publication of his DD Form 214, this service is properly not recorded on his DD Form 214 for the period ending 1 November 1985.
3. In view of the foregoing, there is no basis for granting 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 to amend the decision of the ABCMR set forth in Docket Number AR20080018552, dated 5 March 2009.
____________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) AR20090006741
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