IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20110000665
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 an Honorable Discharge Certificate, dated 4 January 1974, the date he completed his active duty service.
2. The applicant states that he received an Honorable Discharge Certificate for his inactive Reserve Service. However, he never received his Honorable Discharge Certificate when he completed his active duty service. He states it may at some point in the future be important for him to be able to produce this document for whatever reason and it should indicate the correct date.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty).
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 enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 18 September 1970 for a period of 6 years.
3. On 6 January 1971, he was discharged from the USAR DEP. On 7 January 1971, he enlisted in the Regular Army for a period of 3 years. He completed his basic training at Fort Jackson, SC, his advanced individual training at Fort Sill, OK, and his airborne training at Fort Benning, GA before being transferred to Fort Bragg, NC for his first and only duty assignment. He was promoted to the rank/grade of specialist five (SP5)/E-5 on 2 November 1972.
4. On 4 January 1974, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He completed 2 years,
11 months, and 28 days of total active service. His DD Form 214 for this period of service shows in:
* item 9e (Character of Service) the entry "Honorable"
* item 9f (Type of Certificate Issued) the entry "DNA"
5. The applicant was transferred to the USAR Control Group (Reinforcement) to complete the remainder of his Reserve obligation. On 18 September 1975, he was transferred to the Standby Reserve.
6. Orders 08-1164199, issued by the Office of The Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, dated
24 August 1974, honorably discharged the applicant from the USAR Control Group (Standby Reserve), effective 17 September 1976
7. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, serves as the authority for the separation of enlisted personnel and governs the issuance of discharge certificates. It provides, in pertinent part, that discharge certificates are only issued upon discharge. Individuals who are REFRAD are not entitled to a discharge certificate until all obligations are completed.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers
upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states an entry is required for all items of the DD Form 214. When the information is omitted or where no entry is appropriate, enter "DNA." It further states for:
* item 9e, enter the character of service issued
* item 9f, enter the form number of discharge or retirement certificate, as appropriate
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to lack merit. The applicable regulations provide that a DD Form 258A (Honorable Discharge Certificate) will be issued only upon discharge.
2. At the time the applicant completed his active duty service obligation he was honorably REFRAD as shown on his DD Form 214 for the period ending
4 January 1974. His DD Form 214 appropriately shows he was not issued a discharge certificate. He was transferred to the USAR Control Group (Reinforcement) to complete his statutory service obligation.
3. Accordingly, he was honorably discharged from the USAR on 17 September 1976 and he was properly issued a discharge certificate at that time.
4. The applicant is advised that should the need arise, his DD Form 214 is the appropriate source document to present showing he was honorably REFRAD from his period of active service from 7 January 1971 through 4 January 1974.
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) AR20110000665
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