IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110005054 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be updated and sent to the Department of Veterans Affairs.  

2.  The applicant states he retired in 2003 after 11 1/2 years in the U.S. Army Reserve (USAR).

3.  The applicant did not provide any evidence.

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 enlisted in the Regular Army (RA) for a period of 4 years on 3 March 1981 and held military occupational specialty 31C (Single Channel Radio Operator).  
3.  He served through two 4-year reenlistments in the RA on 28 February 1985 and on 28 June 1988 and a 3-month extension on 5 January 1990, in a variety of stateside and overseas assignments, including Panama, Korea, Germany, and Southwest Asia.  

4.  He was honorably discharged on 15 August 1992 under the Voluntary Early Transition Program.  The DD Form 214 he was issued show he completed
11 years, 5 months, and 13 days of creditable active service.

5.  He enlisted in the USAR on 16 August 1992 and followed that with a 6-year reenlistment in the USAR on 1 May 2002.  

6.  On 26 March 2003, the U.S. Army Reserve Personnel Command, St. Louis, MO, issued him a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

7.  There is no indication he performed any periods of active duty between the date he was released from active duty (15 August 1992) to the present which would have warranted the issuance of a DD Form 214.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability, regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision; and

	d.  RC Soldiers completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or the USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant served on active duty from 3 March 1981 to 15 August 1992 and he was issued a DD Form 214 that captured this period of active duty.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

2.  Subsequent to his release date, the applicant did not complete any periods of active duty.  Even if he were on active duty for any period, this period could not be added to his previously-issued DD Form 214 because the periods were not continuous.

3.  The issuance of a separate DD Form 214 would have required performance of at least 90 days of active duty.  There is no evidence he performed any other period of active duty of at least 90 consecutive days which would have qualified him for the issuance of a DD Form 214.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In view of the foregoing evidence, 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)                                         AR20110005054





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ABCMR Record of Proceedings (cont)                                         AR20110005054



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