IN THE CASE OF: 

		BOARD DATE: 21 August 2012

		DOCKET NUMBER:  AR20120003687


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 his awards and discharge date.  He also requests his awards be reissued to him.

2.  The applicant states his DD Form 214 does not show his awards and his discharge date.  He also states he would like his commendation medals reissued to him.

3.  The applicant did not provide any additional documentation.

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 requested replacement medal sets for his awards; however, the ABCMR does not issue replacement sets.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, MO 63138.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (which is available for download at the same website.  At a minimum, all requests must include a copy of the retiree's/
veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  All requests must be signed and dated.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 19 March 1984.

4.  The applicant was ordered to active duty for training (ADT) with a report date of 17 July 1984.  He reported to the U.S. Army Reception Station, Fort Sill, OK and on 20 July 1984 he was attached to Battery E3 Cannon Training Battalion for his One Station Unit Training (OSUT).  He completed training and he was awarded military occupational specialty (MOS) 13B (cannon crewman).

5.  On 25 October 1984, the applicant was honorably released from ADT at the completion of his MOS training and he was transferred back to his USAR unit in Cincinnati, OH.  He completed 3 months and 9 days of net active service this period.  The DD Form 214 he was issued at the time shows in:

* item 12b (Separation Date this Period) the entry "00  03  09" indicating he completed 3 months and 9 days of net active service during the period covered by the DD Form 214
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class (Sharpshooter) Marksmanship Qualification Badge with Grenade Bar

6.  There is no evidence he received any additional awards during his active duty service.


7.  His record contains a DA Form 2-1 (Personnel Qualification Record) that was prepared on 18 July 1984 and last reviewed by the applicant on 6 April 1991.  Item 9 (Awards, Decorations, and Campaigns) shows he received the following awards upon his return to his USAR unit:

	a.  Army Achievement Medal (3 Awards)

	b.  Army Reserve Components Achievement Medal (2 Awards)

	c.  National Defense Service Medal

	d.  Noncommissioned Officer Professional Development Ribbon with
Numeral "2"

8.  Orders 94-030-119, issued by Headquarters, U.S., Army Reserve Command, Atlanta, GA, dated 15 November 1993, honorably discharged the applicant from the USAR effective the same date.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, states that 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.  It further states for:

	a.  item 12b, enter the Soldier's transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government.

	b.  item 24, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant received additional awards while in the USAR after his release from ADT on 25 October 1984.  Since his additional awards were received after his release from ADT, there is no basis for adding the additional awards to his DD Form 214 for the period ending 25 October 1984.

2.  Orders show the applicant was honorably discharged from the USAR in November 1993, more than 9 years after his release from ADT on 25 October 1984.  He was not on active duty at the time of his discharge from the USAR.  


Therefore, he is not entitled to a DD Form 214 to show his discharge from the USAR on 15 November 1993 or correction of his DD Form 214 for the period ending 25 October 1984 to show his discharge from the USAR on 15 November 1993.

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)                                         AR20100017784



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ABCMR Record of Proceedings (cont)                                         AR20120003687



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