IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110014828
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received an honorable discharge from the U.S. Army Reserve (USAR) and his service in the USAR.
2. He states:
* he received an honorable discharge when he was discharged from the USAR
* his DD Form 214 was not corrected to show his honorable discharge
* his DD Form 214 was not corrected to show the time he served in the USAR
3. He provides:
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* Certificate of Achievement
* Certificate of Appreciation
* orders
* Honorable Discharge Certificate
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's record shows he enlisted in the Regular Army on 18 October 1988.
3. On 21 April 1989, he was released from active duty (REFRAD). The DD Form 214 he was issued shows in:
* item 9 (Command to Which Transferred), no entry
* item 24 (Character of Service), "Uncharacterized"
* item 25 (Narrative Reason for Separation), "Entry Level Status"
4. He submits:
a. a DD Form 215, dated 27 September 1989, which shows item 9 of his DD Form 214 was corrected to show he was transferred to the USAR Control Group (Annual Training).
b. a Certificate of Achievement for outstanding service during the Joint Defense Exercise from 29 April through 8 May 1995;
c. a Certificate of Appreciation, dated 18 May 1995, for outstanding service in support of Operation Roving Sands 95;
d. Orders 96-347-030 issued by Headquarters, USAR Command, Atlanta, GA, dated 12 December 1996, honorably discharging him from the USAR effective the date of the orders; and
e. an Honorable Discharge Certificate from the U.S. Army, dated 12 December 1996.
5. His record is void of any evidence and he did not provide any evidence showing he served on active duty for a period exceeding 90 days following his initial REFRAD.
6. Army Regulation 635-200 (Enlisted Separations) sets forth the basic policy for the separation of enlisted personnel. Chapter 11 provides the policies and procedures for separating individuals who are in an entry-level status (180 days or less) who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. It provides that service under this provision will be uncharacterized unless the Secretary of the Army determines that a characterization of honorable is warranted by unusual circumstances involving personal conduct and performance of duty.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be 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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DD Forms 214 are only issued for periods of active duty service exceeding 90 days.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant received a properly-constituted DD Form 214 for his period of active duty from 18 October 1988 through 21 April 1989.
2. The evidence of record shows after he was REFRAD, he transferred to the USAR on 21 April 1989 and served in the USAR until he was honorably discharged on 12 December 1996. There is no evidence of record nor did he submit any evidence showing he served on active duty while assigned to the USAR for any period exceeding 90 days. Therefore, he is not entitled to have his DD Form 214 corrected to show any additional periods of active duty service.
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 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) AR20110014828
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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