IN THE CASE OF:
BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100010814
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).
2. The applicant states, in effect, that he was not issued a DD Form 214 when he was discharged from the U.S. Army Reserve (USAR) on 7 February 2001.
3. The applicant provides a copy of his USAR discharge order and a copy of his 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 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 USAR for a period of 8 years on 10 December 1992. He subsequently entered active duty for training (ADT) on 10 August 1993, completed basic combat and advanced individual training, and he was awarded military occupational specialty 11H (Anti-armor Weapons Infantryman). He was honorably released from ADT on 19 November 1993 to the control of his USAR unit.
3. His records further show he was assigned to Company D, 100th Battalion, 442nd Infantry, USAR, Fort DeRussy, HI. He was ultimately honorably discharged from the USAR on 7 February 2001.
4. There is no indication he performed any periods of active duty between the date he was released from ADT to the date he was discharged from the USAR which would have warranted the issuance of a DD Form 214.
5. 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. 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, and is not intended to have any legal effect on termination of a Soldier's service. 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 of term of service), 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 ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;
c. Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, 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); and
d. RC Soldiers completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program.
DISCUSSION AND CONCLUSIONS:
1. The available records show the applicant served in the USAR between 10 December 1992 and 7 February 2001. Aside from his ADT for which a DD Form 214 was issued, there is no evidence he performed any other period of active duty of at least 90 consecutive days which would have qualified him for the issuance of a DD Form 214.
2. 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. 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) AR20100010814
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ABCMR Record of Proceedings (cont) AR20100010814
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