IN THE CASE OF:	

		BOARD DATE:	       8 OCTOBER 2009

		DOCKET NUMBER:  AR20090007668 


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, correction to Item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 December 1980.

2.  The applicant states, in effect, that item 12b of his 1980 DD Form 214 should show he separated on 23 July 1988.  He states that he served in the Reserve from 4 March 1980 to 23 July 1988.  He also states, in effect, he served on active duty at Fort Carson, Colorado, in 1987 and at Fort Lewis, Washington.

3.  In support of his application, the applicant provides copies of his 1980 DD Form 214, his 1986 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and his Standard Form 608 (Health Record – Dental).

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 military records show he was enlisted in the Florida Army National Guard (FLARNG) in pay grade E-1 on 4 March 1980.  He was ordered to active duty for training (ADT) and entered on active duty on 11 August 1980.   He completed basic and advanced training at Fort Jackson, South Carolina, and was assigned primary military occupational specialty (MOS) 94B (Food Service Specialist).

3.  The applicant was released from ADT at the completion of his MOS training on 18 December 1980 and was returned to his FLARNG unit.  He was issued a DD Form 214 that shows in item 12a he entered an active duty status on 11 August 1980.  Item 12b shows he was released from active duty on 18 December 1980.  He was credited with completing 4 months and 8 days of net active service and 5 months and 7 days of total prior inactive service (service in the FLARNG).

4.  The applicant reenlisted in the FLARNG on 24 July 1984 for 4 years.  He was honorably discharged on 8 October 1986 and  transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation.  He was issued orders honorably discharging him from the USAR on 23 July 1988.

5.  The applicant submits two copies of a Standard Form 608, Section III, that show he was treated at the Oliver Dental Clinic, Fort Jackson, South Carolina, in November 1980 and was a patient at the Larson Dental Clinic, Fort Carson, Colorado, in March 1987.

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 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, in effect, the DD Form 214 that he was issued on 18 December 1980 should show he separated on 23 July 1988.

2.  However, the evidence of record shows the applicant enlisted in the FLARNG on 4 March 1980 and entered ADT on 11 August 1980.  He completed MOS training and was released from active duty on 18 December 1980 and returned to his FLARNG unit.  He reenlisted on 24 July 1984 and served continuously in the FLARNG until his separation on 8 October 1986.  He was then transferred to the USAR Control Group to complete his remaining service obligation.  He was honorably discharged from the USAR on 23 July 1988.

3.  The DD Form 214 is only meant to be a record of a Soldier’s most recent period of continuous active duty.  

4.  The evidence does not show the applicant served in an active duty status after 18 December 1980 long enough to qualify for the issuance of a DD Form 214.  He was on active duty from 11 August 1980 through 18 December 1980 and was properly issued a DD Form 214 for that period of service.  He served in the FLARNG from 4 March 1980 through 8 October 1986 and was properly issued an NGB Form 22 for that period of service.  He served in the USAR from 9 October 1986 through 23 July 1988 and was properly separated upon the completion of his remaining service obligation.  There is no evidence and the applicant has provided none that would indicate his DD Form 214 is in error or unjust.  Therefore, he is not entitled to a correction of his DD Form 214 to show he was released from active duty on any other date.

5.  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)                                         AR20090007668



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ABCMR Record of Proceedings (cont)                                         AR20090007668



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