IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100020194 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct discharge date.

2.  The applicant states he served on active duty 4 years, not 4 months as shown on his DD Form 214.

3.  The applicant provides his DD Form 214, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and Department of Veterans Affairs Rating Decision.

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 Indiana Army National Guard (INARNG) for a period of 8 years on 6 February 1990. 

3.  He was ordered to active duty for training (ADT) on 20 February 1990.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman).  He was honorably released from ADT on 25 May 1990.  

4.  The DD Form 214 he was issued shows he completed 3 months and 6 days of creditable active service.

5.  Subsequent to his release from active duty, he served with his ARNG unit, the 2nd Battalion, 293rd Infantry, Frankfurt, IN.  He also executed a 1-month extension of his ARNG enlistment on 5 February 1993.

6.  He was honorably released from the ARNG on 5 February 1994 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  The NGB Form 22 he was issued shows he completed 4 years of total service for pay.

7.  He was ultimately discharged from the USAR on 5 February 1998, upon expiration of his term of service.

8.  Aside from his ADT, there is no indication he performed any periods of active duty between the date he was released from ADT and the date he was discharged from the USAR which would have warranted the issuance of a DD Form 214. 

9.  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.  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 on ADT from 20 February 1990 through 25 May 1990.  He completed 3 months and 6 days of active service.  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)                                         AR20100020194





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ABCMR Record of Proceedings (cont)                                         AR20100020194



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