IN THE CASE OF:
BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100026132
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) to show she served on active duty from 13 May to 25 May 1985.
2. The applicant states she was in the Individual Ready Reserve from 1984 to 1987 and served on active duty for 2 weeks; however, this active duty time was never recorded on a DD Form 214. She requires documentation to get credit for this active duty time so that it may be added to her civilian service for her retirement from the Department of Defense.
3. The applicant provides copies of a DA Form 67-8 (Officer Evaluation Report [OER]) and DARP Form 249 (Chronological Statement of Retirement Points).
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 had prior honorable enlisted service in the U.S. Army Reserve (USAR) from 23 March through 15 April 1981 and on active duty in the Regular Army from 16 April 1981 through 17 September 1981.
3. The applicant was appointed as a commissioned officer in the USAR in the grade of second lieutenant on 18 September 1981. She was promoted to first lieutenant on 18 September 1984.
4. An OER shows the applicant performed duties as a communications and electronics staff officer in the Office of the Assistant Division Communications/ Electronics Officer, 127th Signal Battalion, Fort Ord, CA, from 13 May to 25 May 1985.
5. The applicant's Chronological Statement of Retirement Points shows she was credited with 12 active duty points during the retirement year beginning 22 March 1985 and ending 21 March 1986.
6. The applicant's military personnel records do not contain a DD Form 220 (Active Duty Report) documenting the period of active duty from 13 May to
25 May 1985.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Paragraph 1-4, in pertinent part, provides that a DD Form 214 will be prepared for personnel after completing 90 days or more of continuous active duty training (ADT), full-time training duty (FTTD), or active duty support.
8. Army Regulation 135-200 (Active Duty for Missions, Projects, and Training for Reserve Component Soldiers), in pertinent part, applies to Soldiers of the USAR and Army National Guard of the United States (ARNGUS), and also Active Army headquarters, commands, and agencies responsible for USAR and ARNGUS Soldiers on annual training (AT), ADT, Active Duty for Special Work (ADSW), and Initial Active Duty for Training (IADT).
a. Chapter 3 (AT and Required ADT), paragraph 3-3 (Individual Mobilization Augmentation training), shows that Soldiers are required to participate in at least 12 days annual training each year excluding travel time.
b. Chapter 6 (ADSW), paragraph 6-9 (Separation documents), and Table 6-1 (A Guide to the types of duty tours performed in ADT and ADSW status) shows a DD Form 220 will be issued on release from ADT or ADSW of 89 days or less.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant served on active duty for a period of 12 days from
13 May to 25 May 1985.
2. The evidence of record shows a DD Form 214 will be prepared for personnel after completing 90 days or more of continuous ADT, FTTD, or active duty support. Thus, the applicant is not entitled to a DD Form 214 for the period of active duty under review.
3. The evidence of record shows a DD Form 220 will be issued by Active Army headquarters, commands, and agencies responsible for USAR and ARNGUS Soldiers upon the Soldier's release from AT, ADT, ADSW, and IADT of 89 days or less.
4. There is no evidence the applicant was issued a DD Form 220 to document the period of active duty that is under review. Therefore, it would be appropriate to issue the applicant a DD Form 220 documenting the period of active duty from 13 May to 25 May 1985.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 220 for the period 13 May to 25 May 1985.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing a DD Form 214.
____________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) AR20100026132
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ABCMR Record of Proceedings (cont) AR20100026132
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