BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110006375
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 a DD Form 214 (Certificate of Release or Discharge from Active Duty) be issued for the period from 1 November 1990 to 1 June 1991.
2. The applicant states when she became too disabled to work and filed for benefits from the Department of Veterans Affairs (VA) they could not find a
DD Form 214 for this period of service.
3. The applicant provides:
* a Veteran Identification screen from a VA data base
* VA Rating Decision, dated 6 October 2008
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. She enlisted in the U.S. Army Reserve (USAR) on 31 January 1987. She had previously served 3 years in the Regular Army and 8 years, 10 months, and
15 days in the USAR.
3. On 13 March 1989, she was transferred from a troop program unit to the USAR Control Group (Reinforcement).
4. On 24 November 1990, she was ordered to active duty for 139 days in support of Operation Desert Shield. She was ordered to report 28 November 1990. There are no orders showing when she was released from active duty during this period.
5. On 2 February 1993, she received an honorable discharge from the Ready Reserve.
6. The VA Rating Decision, dated 6 October 2008, lists 15 pieces of evidence used in making their decision. One of these pieces indicates a copy of orders showing assignment to active duty on 1 November 1990 and a copy of orders showing release from active duty on 30 May 1991. The active military service for this period was conceded by the VA.
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that a DD Form 214 would be issued at the time of separation to all personnel, to include USAR, after completing 90 days or more of continuous active duty for training (ADT), full-time training duty (FTTD), or active duty support.
8. Army Regulation 635-5, currently in effect, states that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. This regulation further states that if no DD Form 214 is available, a statement of service or transcript of military record may be issued.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. The exact date of her entry on active duty is not clear. The VA Rating Decision mentions orders showing assignment to active duty on 1 November 1990. However, her orders to active duty in her Military Personnel Records Jacket (MPRJ) show a report date of 30 November 1990.
2. The VA Rating Decision also mentions a copy of orders releasing her from active duty on 30 May 1991. However, her MPRJ does not contain a copy of these orders and she did not provide a copy with her application. However, it must be presumed that a DD Form 214 was issued upon her separation.
3. Since the governing Army regulation specifically prohibits the issuance of replacement DD Forms 214, a statement of service can be issued to cover the period of service in question. However, in this case the specific dates of active duty are not known. Therefore, a statement of service cannot be issued. The applicant may reapply if she can provide proof of the dates of her active duty. The Defense Finance and Accounting Service may be able to assist her.
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) AR20110006375
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006375
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 201500000462
She also provided copies of the following: * Orders Number 153-052, issued by Headquarters, 99th USAR Command on 6 June 1990, ordering her to active duty training to attend the Primary Leadership Development Course (PLDC) * PLDC diploma, dated 11 August 1990 * Army Reserve Component Achievement Medal certificate for the period 22 September 1987 through 21 September 1991 * Orders Number 96-110-046, issued by Headquarters, USAR Command on 19 April 1996, honorably discharging her from the USAR...
ARMY | BCMR | CY2008 | 20080017797
The applicant's military personnel records contain a DA Form 4037 (Officer Record Brief), prepared 9 November 1994. Therefore, it would be appropriate to correct item 18 of the applicants DD Form 214 to show she served in SWA from 27 September 1990 to 11 April 1991. The evidence of record shows that the applicant was credited with completing 5 months and 11 days of foreign service during the period of service under review.
ARMY | BCMR | CY2011 | 20110010199
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5 (Separation Documents), then in effect, stated formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in Item 14. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of her DD Form 214 with a...
ARMY | BCMR | CY2009 | 20090020370
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Reserve Components Achievement Medal * National Defense Service Medal * Noncommissioned Officer (NCO) Professional Development Ribbon * Southwest Asia Service Medal (SWASM) with 2 bronze service stars * Kuwait Liberation Medal (Kuwait) * Kuwait Liberation...
ARMY | BCMR | CY2003 | 2003089787C070403
The applicant states, in effect, that she enlisted in the United States Army Reserve (USAR) on 16 November 1987 for a period of 8 years under the Student Loan Repayment Program (SLRP). A review of the applicant's records shows no indication that the applicant was ever notified that she was being transferred to the IRR due to unsatisfactory participation. Therefore, the Board finds that it would be in the interest of justice to correct her records to show that as an exception to policy, she...
ARMY | BCMR | CY2014 | 20140014322
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 September 2004 to show her date of birth (DOB) as XX August 1957 vice XX August 1961. Her DD Form 4, dated 28 March 1998, lists her DOB as XX August 1961. DISCUSSION AND CONCLUSIONS: The evidence of record confirms when the applicant initially enlisted in the USAR on 4 April 1990 her DOB was listed as XX August 1957.
ARMY | BCMR | CY2008 | 20080016213
The applicant requests that her dates of service be corrected on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 August 1991. The applicant's military personnel record does not show any further periods of active duty of 90 days or more. The applicant's records do not show any further periods of active duty for 90 days or more.
ARMY | BCMR | CY2007 | 20070018866
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Southwest Asia as 1990 11 29 to 1991 06 25 instead of "1991 10 01 to 1992 06 25. 2. She was subsequently ordered to initial active duty for training on 15 November 1974. In view of the foregoing evidence, it appears that the applicant served in Southwest Asia from 2 January 1991 to 25 June 1991 and is therefore entitled to correction of her record to show...
ARMY | BCMR | CY2011 | 20110000278
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her date of discharge as 23 September 1993, her characterization of service as honorable, and her rank as specialist, pay grade E-4. The evidence of record clearly shows that the applicant enlisted in the USAR and was ordered to ADT in July 1990. Therefore, her rank as recorded on her DD Form 214 appears to be correct.
ARMY | BCMR | CY2012 | 20120003173
There is no evidence in her records of her dates of service in Southwest Asia. * Item 12a would list the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * Item 12b would list the date of separation 9. There is no evidence in the available record and none was provided by her (such as pay records) to show her actual entry and release dates from active duty and/or her last day of active duty was not on...