IN THE CASE OF:
BOARD DATE: 10 August 2010
DOCKET NUMBER: AR20100007405
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period he served on active duty for training (ADT).
2. The applicant states that he served on ADT for 121 days while attending the Engineer Officer Basic Course. He should be recognized as a veteran and have been issued a DD Form 214.
3. The applicant provides a DA Form 1059 (Service School Academic Evaluation Report), dated 6 November 1989.
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 was appointed as a U.S. Army Reserve (USAR) commissioned officer in the grade of second lieutenant on 19 May 1989. He was assigned to the USAR Control Group (Annual Training), St. Louis, MO.
3. On 10 July 1989, the applicant was ordered to ADT.
4. The DD Form 1059 provided by the applicant shows he successfully completed the U.S. Army Engineer School Officer Basic Course at Fort Leonard Wood, MO during the period 10 July 1989 through 6 November 1989.
5. On 6 November 1989, he was released from ADT and he returned to his USAR unit.
6. On 1 September 1998, the applicant was discharged from the USAR.
7. There is no evidence in the applicant's military records that shows he was issued a DD Form 214 for completion of ADT.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states, in pertinent part, that the regulation is applicable to members of the active duty Army, the Army National Guard (ARNG), and the USAR on 90 days or more of active duty, active duty for training, or full-time training duty. The DD Form 214 is a synopsis of the Soldiers 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. Army Regulation 635-5 Chapter 2 directs not to issue DD Forms 214 to replace record copies or DD Forms 214 lost by Soldiers and, if no DD Form 214 is available, issue a "Statement of Service" or "Transcript of Military Record."
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was ordered to ADT and successfully completed the Engineer Officer Basic Course at Fort Leonard Wood during the period 10 July 1989 through 6 November 1989. Although there is no DD Form 214 in the applicant's records that cover this period of ADT, there is a presumption that the Army issued a DD Form 214 for the ADT period in question. However, for unknown reasons, the document is not contained in the applicant's available military personnel records. Therefore, as a matter of equity, the applicant should be issued a "Statement of Service" or "Transcript of Military Record" to document his ADT service during the period 10 July 1989 through
6 November 1989.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant an appropriate document to confirm his ADT service from 10 July 1989 through 6 November 1989.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing the applicant a DD Form 214.
___________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) AR20100007405
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100007405
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