IN THE CASE OF:	 

		BOARD DATE:	    4 September 2012

		DOCKET NUMBER:  AR20120004051 


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) for the period ending 5 May 2000 to:

* show his rank/grade as sergeant (SGT)/E-5
* add the National Defense Service Medal (NDSM)
* add his service in the U.S. Army Reserve (USAR) from 18 April 2001 to 
12 August 2003

2.  The applicant states his records do not reflect any of his accomplishments during his period of service in the USAR.

3.  The applicant provides:

* self-authored statement, dated 12 February 2012
* DD Form 214
* a reservation and application for a USAR position, dated 18 April 2001
* Orders Number 01-355-029, issued by Headquarters, 99th Regional Support Command, Coraopolis, PA, dated 21 December 2001
* DA Form 4836 (Oath of Extension or Reenlistment), dated 4 April 2003
* Orders 045036, issued by the 99th Regional Support Command, dated
8 April 2003
* Annual Training (AT) Annex Pay Report, dated 21 April 2003
* 
Defense Finance and Accounting Service (DFAS) Leave and Earnings Statement (LES), dated 8 August 2003
* Orders 03-224-00015, issued by Headquarters, 99th Regional Readiness Command, dated 12 August 2003

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) on 3 January 1996 and he held the military occupational specialty 91B (Medical Specialist).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.

3.  On 5 May 2000, he was honorably released from active duty (REFRAD) to attend school.  He was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  He completed 4 years, 4 months, and 3 days of creditable active service.  The DD Form 214 he was issued at the time does not show award of the NDSM.

4.  His record contains Orders C-04-111037, issued by the U.S. Army Reserve Personnel Command, St. Louis, MO, dated 19 April 2001, that shows he was voluntarily released from the USAR Control Group (Reinforcement) and assigned to the 4215th U.S. Army Hospital, Richmond, VA, effective 18 April 2001. 

5.  He provided Orders 01-355-029, dated 21 December 2001.  These orders promoted him to the rank/grade of SGT/E-5 effective and with a date of rank (DOR) of 1 January 2002.

6.  He provided Orders Number 045036, dated 8 April 2003.  These orders show he was ordered to active duty to perform AT from 4 May 2003 to 17 May 2003.

7.  He provided an LES, dated 8 August 2003, showing he performed 14 days of AT during fiscal year 2003.
8.  His record contains Orders Number 03-224-00011, issued by Headquarters, 99th Regional Support Command, Coraopolis, PA, dated 12 August 2003.  These orders show he was reduced from SGT to SPC effective 12 August 2002 and with a DOR of 1 November 1997.

9.  He provided Orders 03-224-00015, dated 12 August 2003, that show he was honorably discharged from the USAR on 12 August 2003 in the rank/grade of SPC/E-4.

10.  Beyond his service in the RA where he was honorably REFRAD after completing over 4 years of active service to attend school, there is no indication he performed any further period of active service of 90 continuous days or more that would have resulted in the issuance of a subsequent DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

12.  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 below.  This regulation also states not to issue DD Forms 214 to replace record copies or DD Forms 214 lost by Soldiers.  If no DD Form 214 is available, issue a statement of service or transcript of military record.

	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 MOS, even when the active duty period was less than 90 days.  This includes completion of AIT under the ARNG of the United States Alternate Training Program or the USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the RA and entered active duty on 3 January 1996.  After serving 4 years, 4 months, and 3 days of active service he was honorably REFRAD on 5 May 2000 in the rank/grade of SPC/E-4.

2.  His record further shows that as a USAR Soldier, he was ordered to active duty to attend AT for a period of 14 days.  The governing Army regulation states that RC Soldiers completing 90 days or more of continuous active duty for training will be issued a DD Form 214.  He is not entitled to issuance of a subsequent DD Form 214 for this time period because his active duty time did not meet the minimum 90-day time requirement.

3.  Although he served in the USAR subsequent to his REFRAD, there is no provision to list his subsequent USAR service awards to which his USAR service may have entitled him to, such as the NDSM; or any promotions he may have received during his service in the USAR on a previously-issued DD Form 214.

4.  In view of the foregoing, 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)                                         AR20120004051



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ABCMR Record of Proceedings (cont)                                         AR20120004051



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