IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20090020150
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 issued a new DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his periods of service.
2. The applicant states his DD Form 214 lists only his period of active duty for basic and advanced individual training.
3. The applicant provides copies of his DD Form 214 and an Honorable Discharge Certificate.
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 U.S. Army Reserve (USAR) and entered initial active duty for training (IADT) on 27 October 1980.
3. He completed training and was awarded military occupational specialty 91B (Medical Specialist). He was released from IADT on 28 February 1981.
4. A DD Form 214 was issued showing the above period of service and the record contains no indication of any further period of active duty service.
5. The applicant remained in an active Reserve status until he was honorably discharged on 26 July 1992. An Honorable Discharge Certificate was issued at this time.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states a 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. At the time and currently, it states a DD Form 214 will be prepared for members of the Reserve Components separated after completing 90 days or more of continuous ADT or active duty support.
DISCUSSION AND CONCLUSIONS:
1. The applicant states his DD Form 214 lists only his period of active duty for basic and advanced individual training.
2. The only period of active duty for which a DD Form 214 was warranted is the one prepared to reflect the applicant's period of IADT. No DD Form 214 is issued to record USAR service unless it is for a period of more than 90 days ADT or active duty support.
3. The record does not contain and the applicant has not provided any evidence that he served on active duty for any period other than that which is currently documented on his 28 February 1981 DD Form 214.
4. 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.
5. Therefore, no relief is warranted in this case.
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) AR20090020150
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020150
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100026132
The applicant's military personnel records do not contain a DD Form 220 (Active Duty Report) documenting the period of active duty from 13 May to 25 May 1985. There is no evidence the applicant was issued a DD Form 220 to document the period of active duty that is under review. Therefore, it would be appropriate to issue the applicant a DD Form 220 documenting the period of active duty from 13 May to 25 May 1985.
ARMY | BCMR | CY2009 | 20090000970
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that all of her years of service be entered on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 28 February 1981. There is no official documentation or other evidence in the applicant's Military Personnel Records Jacket (MPRJ) that show she completed any periods of active duty over 90 days subsequent to her...
ARMY | BCMR | CY2009 | 20090010687
The applicant requests that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "uncharacterized" to "general under honorable conditions." He completed 64 days of active service but was not issued a DD Form 214. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2011 | 20110003179
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to amend item 24 (Character of Service) to show "honorable" instead of "uncharacterized." It specifies that "Soldiers of the USAR ordered to active duty for a period in excess of 90 days will, upon release from active duty, revert to control of the appropriate RC" and that the "service of Soldiers specified in this paragraph who are in an entry-level status will be uncharacterized,...
ARMY | BCMR | CY2010 | 20100000887
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the correct time in service and character of service. The DD Form 214 he was issued shows he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of expiration term of service, with an uncharacterized character of service. The DD Form 214 will be prepared for selected Soldiers, among which...
ARMY | BCMR | CY2009 | 20090008228
Counsel states, in effect, the applicant served honorably in the Army Reserve/Guard and was on active duty from 11 April through 3 November 1980. A DD Form 214 would also be prepared for all personnel of the USAR and the ARNG released after completion of 90 days or more of ADT or full-time training duty. The applicant and counsel did not submit evidence to show he was improperly denied VA medical benefits as a result of the entries on his DD Form 214.
ARMY | BCMR | CY2008 | 20080014529
IN THE CASE OF: BOARD DATE: 30 OCTOBER 2008 DOCKET NUMBER: AR20080014529 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's period of ADTS in May - July 2004 pre-dated the period of service for which he was ordered to active duty in support of Operation Iraqi Freedom by more than 3 months. It also stipulates that a Reserve Component Soldier will be issued a DD Form 214 when completing initial active duty training that results in the award of an MOS, even when the active duty...
ARMY | BCMR | CY2013 | 20130020663
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from the U.S. Army Reserve (USAR) to show his active duty time while he was in boot camp (63 days), advanced individual training (AIT) (91 days), and to show "Honorable" discharge. An error was made to his active duty service orders when ordered to his initial active duty for training (IADT) which caused an incorrect entry of the net active duty time served on his DD Form 214. It...
ARMY | BCMR | CY2012 | 20120002094
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 August 1981 as follows: * change the fourth and fifth digits of his social security number (SSN) to "54" * change the year of his date of entry in service to 1979 2. His Military Personnel Records Jacket (MPRJ) contains two DA Forms 428 (Application for Identification Card), dated 12 June 1981 and 12 August 1981, that show the fourth and fifth digits of...
ARMY | BCMR | CY2010 | 20100025515
The applicant requests Item 12a (Date Entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 1 March 1984, be corrected to show he entered active duty in August 1982. The applicant requests Item 12a of his DD Form 214 be corrected to show he entered active duty in August 1982. The evidence of record confirms he had two periods of active duty.