BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090008268 


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) be corrected to show he was released from active duty on an unspecified date in June 1999 instead of 19 September 1997.

2.  The applicant states that his DD Form 214 is false.

3.  The applicant provides a copy of his 1998 W2 Form; a copy of his military Identification Card that expired on 30 June 1999; and a copy of his U.S. Government Motor Vehicle Operator's Identification Card, 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 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 records show he enlisted in the Regular Army (RA) for a period of 2 years on 28 January 1997.  He completed basic combat and advanced individual training and was awarded military occupational specialty 91R (Veterinary Food Inspection Specialist).  

3.  On 21 August 1997, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of chapter 5-11 of Army Regulation 635-200 (Personnel Separations) for failure to meet procurement medical fitness standards. 

4.  On 21 August 1997, the applicant acknowledged notification of the proposed discharge action.  He also acknowledge that he understood that due to non-completion of requisite active duty time, the Department of Veterans Affairs and other benefits normally associated with completion of honorable active duty service would be affected.  He elected to decline representation by counsel, he declined a separation medical examination, and he elected not to submit a statement on his own behalf.

5.  On 25 August 1997, the applicant’s immediate commander initiated separation action against him under the provisions of chapter 5-11 of Army Regulation 635-200.  

6.  On 15 September 1997, the separation authority approved the request for separation and directed the applicant be furnished an Honorable Discharge Certificate.  

7.  On 17 September 1997, the applicant departed his unit in an absent without leave (AWOL) status.  However, he returned to military control on 19 September 1997. 

8.  On 19 September 1967, Headquarters, National Training Center and Fort Irwin, Fort Irwin, CA, published Orders 262-33 directing the applicant's reassignment to the U.S. Army Transition Center for the purpose of separation from the Army.  The applicant was accordingly released from active duty on 19 September 1997 and transferred to the U.S. Army Reserve (USAR) Group (Annual Training) for completion of his Reserve obligation. 

9.  The DD Form 214 he was issued shows he was discharged under the provisions of chapter 5-11 of Army Regulation 635-200 by reason of failure to meet procurement medical fitness standards with an honorable character of service.  He had completed 7 months and 22 days of active military service and he had 2 days of lost time due to being AWOL.  

10.  The available evidence does not indicate the applicant completed any other period of active service.  He was ultimately discharged from the USAR on 
30 November 2004. 

11.  The applicant submitted a copy of his military ID card that shows an expiration date of 30 June 1999 and a copy of his U.S. Government Motor Vehicle Operator's Identification Card that shows an expiration date of 4 June 2000.

12.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated.  A medical proceeding conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized [entry level status] if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the DD Form 214 be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service to include attendance at basic and advanced training.  The DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  







DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show his separation date as an unspecified date in June 1999 has been carefully considered.  However, based on the documents that the applicant provided and the evidence that is contained in his available record there is insufficient evidence to support this contention.

2.  The evidence of record shows the applicant enlisted in the RA on 28 January 1997 and was honorably released from active duty on 19 September 1997.  He was issued a DD Form 214 to document this period of active service.  There is no indication that he completed a period of active service subsequent to his release from active duty.

3.  With respect to his USAR service, the evidence of record shows that upon his release from active service on 19 September 1997, the applicant was transferred to the USAR for completion of his Reserve obligation.  He was discharged from the USAR on 30 November 2004.  There is no evidence available to show that he served a period of active service prior to his discharge from the USAR that would have warranted the issuance of a DD Form 214.

4.  The DD Form 214 is a summary of a Soldier’s 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.  A DD Form 214 is not issued for USAR service.  

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)                                         AR20090008268



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ABCMR Record of Proceedings (cont)                                         AR20090008268



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