BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120011584 


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 (Report of Separation from Active Duty) to reflect:

* active duty service of 4 years and 19 days
* a medical retirement
* completion of the Jungle Operations Training Center (JOTC) Jungle Operations Training in 1981  

2.  The applicant states he was medically retired in 1984 due to a training accident which occurred during JOTC Jungle Training in 1981. 

3.  The applicant provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record - Part II)
* DD Form 363A (Certificate of Retirement)
* DA Form 3713 (Data for Retired Pay)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Orders D9-25
* a letter, dated 13 January 1984




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 records show he enlisted in the Army National Guard (ARNG) on 14 March 1978 and he entered on active duty on 4 June 1978.  He completed training and was awarded military occupational specialty 11B (Infantryman).

3.  On 14 September 1978, he was honorably released from active duty and transferred back to Company C, 1st Battalion, 296th Infantry Regiment, Puerto Rico Army National Guard (PRARNG).

4.  His records show that on 19 July 1981 while on active duty in the PRARNG, he sustained a gunshot wound to his left forearm during a live fire training exercise.  

5.  On 25 February 1982, a Physical Evaluation Board (PEB) found the applicant was physically unfit and recommended a combined disability rating of 60 percent (%) and that he be placed on the Temporary Disability Retirement List (TDRL) with reexamination during August 1983.

6.  On 30 January 1984, the applicant was removed from the TDRL because of permanent physical disability and placed on the Retired List in the rank/grade of specialist four/E-4.

7.  The applicant provides the following documents:

   a.  An NGB Form 22 which shows he enlisted in the ARNG on 14 March 1978 for 6 years and he was honorably discharged on 2 April 1982 after completing
4 years and 19 days of net service.

   b.  A DA Form 2-1, item 9 (Awards, Decorations & Campaigns) of which lists the JOTC Jungle Operations Badge, dated 24 July 1981.
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.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states Item 12 (Record of Service) shows the record of service and that extreme care should be used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It further states for:

	a.  Item 12a enter the beginning date of the continuous period of active service for issuance of the DD Form 214 for which a DD Form 214 was not previously issued.

	b.  Item 12b enter the Soldier's transition date.  This date may not be the contractual date if a 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.  Furthermore, paragraph 2-1b (3) provides that a DD Form 214 will not be prepared for Soldiers removed from the TDRL.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant entered active duty for training on 4 June 1978 and he completed his training on 14 September 1978.  There is no evidence that the applicant performed any active service which would have warranted the issuance of a DD Form 214 subsequent to his release from active duty for training.  Therefore, his request to correct his DD Form 214 to show active duty time of 4 years and 19 days is without merit.

2.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The applicant's removal from the TDRL and subsequent permanent retirement has no impact on the DD Form 214 he was previously issued.  The governing regulation prohibits issuing a new DD Form 214 when a Soldier is removed from the TDRL.

3.  It appears the applicant was awarded the JOTC Jungle Training Badge on
24 July 1981.  Since he was awarded the badge after he was issued his 
DD Form 214 for completing active duty training on 14 September 1978 and there is no evidence he subsequently served a period of active service of more than 90 days, there is no basis for the issuance of a DD Form 214 or including this badge on his DD Form 214.
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)                                         AR20120011584



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011584



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1