IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100018709
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 issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states he was activated for two weeks while assigned to the Individual Ready Reserve (IRR).
3. He provides no additional documents in support of his application.
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 applicants record shows he enlisted in the Regular Army on 1 February 1977 and was honorably released on 5 February 1980. He was credited with 3 years of active duty service.
3. Item 12i (Reserve Obligation Term Date) of his DD Form 214 shows
16 January 1983 as his terminal date of Reserve Service/Military Selective Service obligation.
4. Orders T-08-222208, dated 4 August 1982, show he was ordered to active duty for training (ADT) for 12 days plus allowable travel time. His reporting date was listed as 13 September 1982.
5. Army Regulation 635-5 (Personnel Separations), established standardized procedures for preparation and distribution of the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty service at the time of release from active duty, retirement, or discharge. The regulation states, in pertinent part, that the DD Form 214 will be prepared for Reserve component 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.
DISCUSSION AND CONCLUSIONS:
1. Orders verify the applicant's claim that he was activated for two weeks while in the IRR. However, a DD Form 214 is not issued for ADT when the active duty period is less than 90 days.
2. In view of the foregoing, there is no basis for granting his 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) AR20100018709
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018709
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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