IN THE CASE OF:	  

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090013819 


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 the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 34 weeks of active duty for training (ADT).

2.  The applicant states that he was attached to Headquarters and Headquarters Company (HHC), 1st Battalion, 123rd Infantry, Illinois Army National Guard (ILARNG), Bloomington, IL for flight training school and that he was then transferred to Detachment 1 of the 1903rd Transportation Aircraft Maintenance Company (TAMC), Decatur, IL, where he was promoted from second lieutenant (2LT) to first lieutenant (1LT).  He adds that the report shows he had 34 weeks of ADT which would have required the issuance of a DD Form 214.

3.  The applicant provides a copy of page 1 of the 4-page DA Form 398 (Statement of Personal History) and a copy of the front page of his DA Form 759 (Individual Flight Record and Flight Certificate-Army) in support of his request.

CONSIDERATION OF EVIDENCE:

2.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 4 years on 22 June 1976.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 93J (Air Traffic Controller).  He was released from active duty in the rank/grade of specialist (SPC)/E-4 on 17 June 1980 and he transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.
3.  The applicant's records also show he executed a 2-year enlistment in the ILARNG on 18 September 1980.

4.  On 14 October 1981, the applicant executed an Army Senior Reserve Officers' Training Corps (SROTC) contract in which he agreed that upon completion of his SROTC program, he would be commissioned in the USAR and where possible, assigned to a troop program unit of the USAR or transferred to the ARNG for assignment to an ARNG unit.  He acknowledged that he would be obligated to serve an initial period of active duty for training.

5.  He was discharged from the ILARNG on 10 June 1982; however, a copy of his discharge orders is not available for review with this case.

6.  On 11 June 1982, the applicant was relieved from the USAR Control Group (OADO (Officer Active Duty Obligor)) by reason of voluntary assignment while in the ROTC-Early Commissioning Program and he was appointed as a 2LT in the ILARNG.  His appointment orders and oath of office are not available for review with this case.  He was subsequently assigned to HHC, 1st Battalion, 123rd Infantry, Bloomington, IL, as a platoon leader.

7.  On 29 April 1983, U.S. Army Military Personnel Center (MILPERCEN), Alexandria, VA, published Orders 37-5-A-48, appointing the applicant in the RA as a 2LT.  However, on 24 May 1983, MILPERCEN published Orders 48-2-A-63 revoking the orders that appointed him in the RA and indicated that the applicant was released to the USAR.

8.  On 6 June 1983, by memorandum, the Chief, ROTC Division, ILARNG, notified the applicant that his request to be relieved from his active duty obligation was approved and that the original orders that directed his appointment in the RA had been revoked.

9.  On 11 June 1983, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, published Orders T-06-318967, ordering the applicant to ADT for a period of 61 days, effective 11 August 1983 (later amended to show 11 July 1983), completion of the Medical Services Officer Basic Course with attachment to Company A, 1st Battalion, Academy Brigade, Fort Sam Houston, TX.

10.  On 7 March 1984, the ILARNG directed the applicant's reassignment from HHC, 1st Battalion, 123rd Infantry, Bloomington, IL, to Detachment 1, 1903rd TAMC, Decatur, IL, effective 7 March 1984.

11.  On 19 March 1984, the applicant was attached to the 64th Aviation Battalion, U.S. Army Aviation Center, Fort Rucker, AL, for completion of the Officer Rotary Wing Aviation Course, Course Number 84-22. 

12.  On 6 December 1984, the applicant was issued a certificate by the U.S. Army Aviation Center, Fort Rucker, AL, that shows he successfully fulfilled the requirements of instructions prescribed for the Initial Entry Rotary Wing Aviation Course.

13.  On an unknown date, by memorandum addressed to the Adjutant General, ILARNG, the applicant tendered his resignation as an officer of the ILARNG and requested a transfer to the USAR Control Group (Reinforcement).

14.  On 30 September 1987, by letter addressed to the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, the applicant requested an immediate resignation of his commission from the USAR.

15.  The case analyst of record contacted the applicant on two separate occasions (4 and 8 January 2010) and left the applicant a message in an attempt to retrieve ADT orders or other documentary evidence to show the exact period of active duty he is claiming; however, the applicant did not respond.

16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  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.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  Except as provided in paragraph
2-1b, a DD Form 214 will be prepared for each Soldier as indicated:

	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.  ARNG and USAR Soldiers mobilized under sections 12301(a), 12302, or 12304, Title 10, U.S. Code 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).

	e.  RC Soldiers completing initial ADT that results 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 ARNGUS Alternate Training Program or USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be issued a DD Form 214 for 34 weeks of ADT.

2.  The available records show the applicant was commissioned in the ILARNG on 11 June 1982.  He was ordered to ADT for a period of 61 days on 11 July 1983 for completion of the Medical Service Officer Basic Course at Fort Sam Houston.  This period of ADT would not have qualified him for the issuance of a DD Form 214 as it was less than 90 days.  His ADT orders for the Officer Rotary Wing Aviation Course are not available.

3.  On an unknown date, by memorandum addressed to the Adjutant General, ILARNG, the applicant tendered his resignation as an officer of the ILARNG and requested a transfer to the USAR Control Group (Reinforcement).  There is no indication in his records that he was ordered to or completed any other period of ADT 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.  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.  There is no evidence of record and the applicant did not submit evidence that would satisfy that requirement.  Therefore, 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 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)                                         AR20090013819



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ABCMR Record of Proceedings (cont)                                         AR20090013819



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