BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100021640
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, in effect, correction of his military records by issuing him a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his military service while a member of the Army National Guard (ARNG) and the U.S. Army Reserve (USAR).
2. The applicant states, in effect, he was never issued a DD Form 214 for his service at the time of his honorable discharge in 1999. He needs this form to receive a Department of Veterans Affairs (VA) home loan guarantee.
3. The applicant provides copies of a letter from the Army Review Boards Agency, St. Louis, MO, dated 26 February 2007; a memorandum from the U.S. Army Human Resources Command, St. Louis, dated 26 February 2007; a Statement of Service, dated 23 February 2007; and Orders D-04-920334, issued by the U.S. Army Reserve Personnel Command, dated 6 April 1999.
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 applicant's Statement of Service shows:
a. he enlisted in the USAR on 2 April 1991;
b. he was ordered to active duty for training (ADT) during the period 31 May to 1 August 1991 and 30 June to 28 September 1992;
c. he enlisted in the ARNG on 27 April 1993 and was discharged from this component on 1 October 1993; and
d. he remained a member of the USAR until his discharge on 6 October 1999.
3. A DD Form 220 (Active Duty Report), dated 1 August 1991, reports that the applicant served on active duty from 31 May to 1 August 1991 [less than 90 days].
4. Orders 247-98, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, dated 3 September 1992, awarded the applicant military occupational specialty (MOS) 37F, effective 28 September 1992.
5. A DD Form 220, dated 28 September 1992, reports that the applicant served on active duty from 30 June to 28 September 1992 [less than 90 days].
6. Orders D-04-920334, issued by the U.S. Army Reserve Personnel Command, St. Louis, dated 6 October 1999, honorably discharged the applicant from the USAR.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It states:
a. the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
b. a DD Form 214 will be prepared for Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT) or for less than 90 days when awarded an MOS.
c. a DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his military records should be corrected by issuing him a DD Form 214 for his military service while a member of the ARNG and the USAR.
2. The DD Forms 220 contained in his record clearly show the applicant had two periods of ADT, both of which were for less than 90 days. There is no evidence of any other active duty service. The governing regulation requires a minimum period of 90 days for issuance of a DD Form 214 to RC Soldiers performing ADT, unless they were awarded an MOS.
3. Orders show that the applicant was awarded an MOS, effective 28 September 1992, the last day of his last period of ADT. Accordingly, he should have been issued a DD Form 214 for this period of ADT. The applicant's available record does not contain a copy of this DD Form 214 and the applicant did not provide a copy of or contend that he did not receive a DD Form 214 for this period of ADT. Regulatory guidance further prohibits reissuing a DD Form 214 when lost by Soldiers or if no DD Form 214 is available. As such, a Statement of Service was appropriately issued to him on 23 February 2007.
4. Furthermore, at the time of his discharge from the USAR in 1999, he was not on active duty. Therefore, he was not authorized a DD Form 214 for this period of military service.
5. In view of the foregoing, 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) AR20100021640
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100021640
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