BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100021092 


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), for the period ending 30 April 1982 to show 6 January 1983 as an active duty day.

2.  The applicant states when he left active duty on 30 April 1982 there was no requirement to undergo a separation physical unless a member intended to reenlist.  He was assigned to the inactive Reserve.  Months later, the policy changed, and he received orders sending him to Grand Forks Air Force Base (GFAFB), ND, for the purpose of a separation physical.  The orders stated he would be on "Inactive Duty Training" and would not be paid; nevertheless, they were orders and he could not disobey orders.  He contends that by taking the examination, he was, in fact, on active duty as an infantry sergeant.  He is not seeking back pay or medical benefits.  He simply wants to join the American Legion.  He also makes a suggestion of what should be entered on his DD Form 214 to rectify this problem.

3.  The applicant provides U.S. Army Reserve Components Personnel and Administration Center (RCPAC) Orders H-10-140630, dated 30 October 1982, and a Standard Form 88 (Report of Medical Examination).

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 U.S. Army Reserve (USAR) for a period of 6 years on 7 December 1977.  He agreed to serve 4 years on active duty and the remaining service obligation in a Reserve status.

3.  He was discharged from the USAR and subsequently enlisted in the Regular Army for a period of 4 years on 3 May 1978.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman).

4.  He served in Alaska from 31 August 1978 through 20 August 1979.  Upon completion of his overseas tour, he was reassigned to Fort Carson, CO.

5.  He was honorably released from active duty on 30 April 1982 and he was transferred to the USAR Control Group (Reinforcement), St. Louis, MO, to complete his remaining Reserve obligation.

6.  The DD Form 214 he was issued shows he completed 3 years, 11 months, and 28 days of creditable active service.

7.  On 30 October 1982, RCPAC published Orders H-10-140630 authorizing the applicant to perform inactive duty for training without pay for a period of 1 day at GFAFB no later than 13 January 1983 for the purpose of undergoing a quadrennial medical examination.

8.  He underwent an annual medical examination at GFAFB on 6 January 1983.

9.  He was ultimately honorably discharged from the USAR upon completing his Reserve obligation on 6 December 1983.

10.  There is no indication he performed any periods of active duty between the date he was released from active duty and the date he was discharged from the USAR which would have warranted the issuance of a DD Form 214.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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 active duty for training (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; 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 the USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant served on active duty from 3 May 1978 to 30 April 1982 and he was issued a DD Form 214 that captured this period of active duty.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

2.  The applicant underwent his medical examination on 6 January 1983 in an inactive duty for training status without pay, which means he was not on active duty.  Even if he were on active duty, this day could not be added to his previously-issued DD Form 214 because the periods were not continuous.

3.  The issuance of a separate DD Form 214 for this 1 day of service is not warranted because the issuance of separate DD Form 214 would have required performance of at least 90 days of active duty.  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.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In view of the foregoing evidence, 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 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)                                         AR20100021092



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100021092



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1