IN THE CASE OF:
BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110000841
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 his service through 7 February 1995 be included on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 24 September 1990.
2. The applicant states he was still in the service at the time the DD Form 214 was issued.
3. The applicant provides his:
* DD Form 214 with a separation date of 17 October 1979
* DD Form 214 with a separation date of 24 September 1990
* orders for discharge from the U.S. Army Reserve (USAR)
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. He enlisted in the USAR on 17 May 1979. He was ordered to initial active duty for training (IADT) on 29 June 1979. He completed basic combat and advanced individual training and was awarded military occupational specialty 57E (Laundry and Bath Specialist).
3. He was released from IADT on 17 October 1979. He was issued a DD Form 214 showing he completed 3 months and 19 days of active service.
4. He reenlisted in the USAR on 2 March 1985 and on 8 February 1991.
5. He was issued a DD Form 214 for the period from 21 - 24 September 1990. The type of separation is shown as release from active duty and the reason shown is expiration term of service. There are no orders in his Military Personnel Records Jacket (MPRJ) ordering him to active duty or releasing him from active duty during this period.
6. 83rd USAR Command, Columbus, OH Orders 38-022, dated 7 February 1995, discharged him from the USAR effective 7 February 1995.
7. A memorandum, dated 24 October 2003, from the U.S. Army Human Resources Command (HRC), St. Louis, MO indicates he had an active duty tour from 21 - 24 September 1990.
8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
9. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated, in pertinent part, that a DD Form 214 would be issued at the time of separation to all personnel, to include USAR Soldiers, after completing
90 days or more of continuous active duty for training (ADT), full-time training duty (FTTD), or active duty support.
DISCUSSION AND CONCLUSIONS:
1. A DD Form 214 would not normally be issued for a period of active duty of only 4 days. However, in the absence of official orders showing this period, it must be presumed the dates of the DD Form 214 issued on 24 September 1990 are correct.
2. The DD Form 214 is a record of active duty performed by a Soldier during a specified period. He remained in the USAR after his release from active duty on 24 September 1990. His remaining inactive service from 25 September 1990 to 7 February 1995 is not reflected on his DD Form 214 because it occurred subsequent to his release from active duty. There are no provisions for amending a DD Form 214 to include inactive service performed subsequent to the separation date indicated on the DD Form 214.
3. There is no evidence he was on active duty at the time of his discharge on
7 February 1995. Therefore, no DD Form 214 would have been issued at that time.
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) AR20110000841
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110000841
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080001123
The applicant requests, in effect, that his record and separation document (DD Form 214) be corrected to show his entitlement to the Kuwait Liberation Medal-Saudi Arabia (KLM-SA), Kuwait Liberation Medal-Kuwait (KLM-KU), Armed Forces Reserve Medal (AFRM) with silver hourglass (2nd Award) and "M" (Mobilization) Device; Army Reserve Component Achievement Medal (ARCAM) 5th Oak Leaf Cluster (6th Award), and Army Reserve Component Overseas Training Ribbon (ARCOTR) 2nd Oak Leaf Cluster (3rd...
ARMY | BCMR | CY2010 | 20100012416
The applicant also submits a copy of an ARCAM award memorandum, dated 7 October 1995, showing his award of the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995. He was awarded the OSR for that period of service. The evidence shows that on 7 October 1995 he was issued a memorandum awarding him the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995.
ARMY | BCMR | CY2013 | 20130012330
Item 12d, previously-issued DD Forms 214, DD Forms 220 (Active Duty Report), DA Forms 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes), or Retirement Points Annual Statement should be used to enter total amount of prior active military service less lost time, if any. The applicant stated that his Reserve service for the periods 10 April 1979 - 21 July 1979 and 12 September 1990 - 1 May 1991 were not listed on his DD Form 214 for the period ending on 1 May...
ARMY | BCMR | CY2010 | 20100024012
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty (AD)) for the period ending 26 August 2001 by amending item 12a (Date Entered AD) This Period) to show 21 February 1995. His record contains a third DD Form 4 that shows he reenlisted in the RA on 27 August 1997, for 4 years. Based on the dates contained on his DD Form 4, it would be appropriate to amend item 12a of his DD Form 214 for the period ending 26 August 2001 to show 7...
ARMY | BCMR | CY2011 | 20120000360
The applicant states: * the Reserve obligation termination date shown on his DD Form 214 is 24 February 1990 * his retirement points statement shows he served in the U.S. Army Reserve (USAR) from 25 February 1984 through 24 February 1995 * he was discharged from the USAR on 28 March 1995 * his initial contract was for 3 years, he reenlisted for a term of 6 years * 3 years of the 6-year term was spent in the Individual Ready Reserve (IRR) * Both Reserve term obligations were completed...
ARMY | BCMR | CY2013 | 20130009789
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 October 1994 to show the National Defense Service Medal (NDSM) and her subsequent U.S. Army Reserve (USAR) service and awards. The applicant provides and her record contains: a. DD Form 214 that shows she served honorably on active duty for training for the period 23 June 1994 to 13 October 1994. However, evidence shows the applicant completed a...
ARMY | BCMR | CY2014 | 20140015080
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 8 January 2002 to 7 January 2003 to show in: a. item 4a (Grade, Rate, or Rank) that he held the rank of sergeant (SGT) rather than specialist (SPC); b. item 4b (Pay Grade) that he held the pay grade of E-5 rather than E-4; c. item 11 (Primary Specialty) that he also...
ARMY | BCMR | CY2008 | 20080006595
The applicant requests the issuance of an Honorable Discharge Certificate that shows he is an infantry officer instead of a field artillery officer, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 January 1995, as follows: a. The evidence of record shows that the applicant served as an infantry officer from 4 September 1989 until he was honorably released from active duty on 30 January 1995. The available evidence shows the applicant...
ARMY | BCMR | CY2010 | 20100024237
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show: * The National Defense Service Medal, Vietnam Service Medal, and Army Commendation Medal * His rank/grade as sergeant (SGT)/E-5 instead of specialist five (SP5)/E-5 2. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. There is no evidence in his records and he did not provide any evidence that shows he served in Vietnam.
ARMY | BCMR | CY2014 | 20140017639
The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. At the time of his first period of active duty, he had not completed high school which is accurately reflected on his DD Form 214 ending on 27 March 1981. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD...