IN THE CASE OF:	  

		BOARD DATE:	  31 November 2010

		DOCKET NUMBER:  AR20100014630 


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) for the period of service from 6 April 1994 through 
8 September 1995.

2.  The applicant states he received documentation reassigning him to the U.S. Army Transition Point, Fort Hood, TX; however, he never received a final discharge document. 

3.  The applicant provides the following records in support of his request:

* A complete copy of his DA Form 201 (Military Personnel Records Jacket United States Army)
* A complete copy of his Army medical records
* A complete copy of his Army dental records

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 initially enlisted in the U.S. Army Reserve (USAR) on 23 March 1991 for a period of 8 years.  He was ordered to Initial Active Duty for Training (IADT) for a period of 9 weeks on 1 June 1991 for the completion of basic training under the split training option.  

3.  A copy of a DD Form 214 for the period ending 9 October 1992 shows he completed advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).  He was released from active duty training (ADT) and transferred to his Reserve unit in Helena, MT.  

4.  His records show for the period of service in question, he enlisted in the Regular Army (RA) on 6 April 1994 for a period of 3 years.  On 12 April 1994, he was reassigned from the 21st Adjutant General Replacement Detachment, Fort Hood, TX to Headquarters and Headquarters Company, 1st Battalion, 5th Cavalry Regiment, Fort Hood. 

5.  His records contain a copy of a DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)), dated 8 August 1995, that shows the flagging action against the applicant was removed effective 4 August 1995 and disciplinary action was taken against him.  

6.  The facts and circumstances surrounding the applicant's discharge are not available and the available records do not contain a DD Form 214 for the period ending 8 September 1995.

7.  The applicant’s records contain a copy of Orders 235-121, Headquarters, 1st Cavalry Division, dated 23 August 1995.  These orders indicate the applicant was reassigned to the U.S. Army Transition Point, Fort Hood with a reporting date of 8 September 1995.  The reason for separation and the type of separation are not specified in this order.  

8.  A review of the Army Human Resources Command, Integrated Web Service (IWS) shows that on 21 February 2007, the applicant made contact with the Army Human Resources Command (AHRC), St Louis, MO in an attempt to 


obtain a DD Form 214 for the period in question.  He stated he was in civil confinement on the date of separation. 

9.  A copy of an email transmission between the ABCMR staff and the Defense Finance and Accounting Service (DFAS) office confirms the applicant served on active duty during the periods 20 July through 9 October 1992 and 6 April 1994 through 8 September 1995.  DFAS also noted the applicant served in the USAR during the period 23 March 1991 through 5 April 1994.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.  It directs that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers.  If no DD Form 214 is available, a statement of service or transcript of military service will be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for the issuance of a DD Form 214 for the period 
6 April 1994 through 8 September 1995 was carefully considered.

2.  The evidence of record shows the applicant served in the RA during the period 6 April 1994 through 8 September 1995.  However, the facts and circumstances surrounding the applicant's discharge are not available.

3.  The applicant’s transaction log in the IWS shows the applicant stated he was incarcerated at the time he was due to separate.  It is reasonable to presume that if he was in fact incarcerated he may not have reported to the transition point as directed.

4.  Although there is no DD Form 214 in the available file for the period of service in question, administrative regularity is presumed.  Therefore, there is no basis to grant the requested relief by issuing a DD Form 214.

5.  However, in view of the foregoing it would be appropriate to issue the applicant an appropriate document to record his RA service for the period 6 April 1994 through 8 September 1995.






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 his Regular Army service for the period 6 April 1994 through 8 September 1995.

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 the issuance of a DD Form 214 for the period 6 April 1994 through 8 September 1995.




      ___________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)                                         AR20100014630



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ABCMR Record of Proceedings (cont)                                         AR20100014630



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