IN THE CASE OF:	  

		BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130005180 


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, in effect, consolidation of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 215 (Correction to DD Form 214), into a single, updated DD Form 214.

2.  The applicant states he would like his entire record reviewed, including the military occupational specialties (MOS) in which he served, awards he received, and combat tours in which he served.  He would like the results of that review to be consolidated into a single, updated document.  He states the data was never previously consolidated.

3.  The applicant provides:

* Orders P07-949035 AO1, issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 21 July 2011
* DD Form 214 for the period ending 11 July 1991
* his 2-page DD Form 215, dated 10 September 1992

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.  On 21 January 1971, the applicant was inducted into the Army of the United States.  On 27 October 1972, he was honorably released from active duty for seasonal employment and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows he completed 1 year, 9 months, and
7 days of total active service, including 11 months and 9 days of foreign service in Vietnam.

3.  On 29 November 1990, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.  His USAR unit deployed to Southwest Asia (SWA) from on or about 2 January 1991 through on or about 28 June 1991.

4.  On 11 July 1991, he was honorably released from active duty to the control of his USAR unit.  He was issued a DD Form 214 for this period of mobilized service.

5.  On 10 September 1992, he was issued a 2-page DD Form 215 to correct errors or omissions related to his DD Form 214 for the period ending 11 July 1991.

6.  The applicant was placed on the Retired List, effective 21 January 2012.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Paragraph 2-7 of the version currently in effect provides that once a DD Form 214 has been issued, do not reissue except for the following reasons:

	a.  When directed by proper appellate authority, Executive Order, or by the Secretary of the Army.

	b.  When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.
	c.  When two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests consolidation of his DD Forms 214 and DD Form 215 into a single, updated DD Form 214.

2.  The evidence of record shows he initially served in the Army of the United States.  He was honorably released from active duty, issued a DD Form 214, and was then transferred to the USAR.  He served continuously in the USAR until he was placed on the Retired List.

3.  He was mobilized in support of Operations Desert Shield and Desert Storm, and upon his honorable release from active duty he was issued a second
DD Form 214.  Later, he was issued a DD Form 215 to correct certain errors or omissions related to this DD Form 214.

4.  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.  Consolidation of two or more periods of service for which a DD Form 214 was previously issued into one DD Form 214 is not authorized.

5.  His two 2 separate DD Forms 214 and his DD Form 215 accurately reflect the circumstances of his service.  The regulatory provisions governing the preparation of DD Forms 214 do not provide for consolidating multiple periods of 
active duty service into a single DD Form 214.  Additionally, regulatory provisions provide that a DD Form 214 will only be reissued when two DD Forms 215 have been issued and an additional correction is required.  His record contains a single DD Form 215; as such, there is no basis for issuing a new DD Form 214 at this time.  Accordingly, there is no error or injustice in this case.

6.  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)                                         AR20100000736



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ABCMR Record of Proceedings (cont)                                         AR20130005180



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