IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024716 


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 Forms 214 (Certificates of Release or Discharge from Active Duty) by deleting entries indicating he was released from active duty for training (ADT).

2.  The applicant states the DD Forms 214 in question should not indicate he was separated by reason of release from ADT because he was already on active duty.

3.  The applicant provides a Congressional Inquiry Packet 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 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 record shows he enlisted in the U.S. Army Reserve (USAR) on 20 August 1992.  On 1 July 1993, he entered active duty to complete training in MOS 83F (Printing and Bindery Specialist).

3.  On 10 November 1993, upon completion of ADT, he was released from active duty (REFRAD) after completing 4 months and 10 days of active service.  Item 23 (Type of Separation) of his DD Form 214 for the period ending 10 November 1992 shows the entry “Release from Active Duty Training.”  Item 28 (Narrative Reason for Separation) shows the entry “Completion of Period of ADT.”

4.  On 10 March 1994, while a member of the USAR, the applicant enlisted in the Regular Army (RA) for 4 years.  He served on active duty through 9 October 1998, at which time he was honorably released from active duty upon completion of his required active service and he was transferred to the USAR Control Group (Reinforcement) to complete his military service obligation.  Item 23 of his
DD Form 214 for this period of service shows the entry “Release from Active Duty.”  Item 28 shows the entry “Completion of Required Active Service.”

5.  Item 12a (Date Entered Active Duty This Period) of his DD Form 214 for the period ending 9 October 1998 erroneously shows the date "10 October 1993."  The record is void of any indication the applicant was on active duty between his separation date of 10 November 1993 and his entry on active duty upon his RA enlistment on 10 March 1994.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).  Chapter 2 contains preparation instructions for the DD Form 214.  Paragraph 2-4 contains item-by-item instructions.  The instructions for completion of item 23 state to enter the appropriate term listed below:

	a.  Release from active duty. 
	b.  Discharge. 
	c.  Retirement. 
	d.  Release from active duty and order to active duty in another status. 
	e.  Release from ADT. 
	f.  Release from custody and control of the Army. 
	g.  Release from ADT and discharge from the Reserve of the Army and return to the ARNG. 

7.  The same regulation states that for item 28, the narrative reason for separation is based on regulatory or other authority and can be checked against the cross reference in Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes.  It further stipulates for Soldiers ordered to ADT, AGR, TTAD, FTNGD, or ADSW on self-terminating orders, enter "COMPLETION OF PERIOD OF ADT, AGR [active guard/reserve], TTAD [temporary tour of active duty], FTNGD [full-time National Guard duty], OR ADSW [active duty for special work]," as appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Forms 214 should not indicate he was released from ADT has been carefully considered.  However, there is insufficient evidence of an error in item 23 or 28 of either of the DD Forms 214 in question.

2.  The evidence of record confirms the applicant entered active duty to complete training in MOS 83F after enlisting in the USAR and that the DD Form 214 he was issued upon completion of this active duty period correctly lists the type of separation as “Release from Active Duty Training” and the narrative reason for separation as “Completion of Period of ADT” based on his having entered active duty as a member of the USAR to complete training.”

3.  The record further shows upon the applicant’s completion of his RA enlistment, he was REFRAD upon completing his required active service and he was transferred to the USAR to complete his remaining Reserve obligation.  It further shows the DD Form 214 he was issued at the time correctly lists his type of separation as “Release from Active Duty” in item 23 and the narrative reason for separation as “Completion of Required Active Service” in item 28 based on his separation from the RA at the completion of his active service and transfer to the USAR.

4.  It is noted that the 10 October 1993 date listed in item 12a of the DD Form 214 issued to the applicant on 9 October 1998 is erroneous given he was not released from his initial ADT until 10 November 1993; however, absent any orders or documents in the record or evidence provided by the applicant to explain this inconsistency there is an insufficient evidentiary basis to properly correct this error.


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)                                         AR20100024716



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ABCMR Record of Proceedings (cont)                                         AR20100024716



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