IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130007501 


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 (Armed Forces of the United States Report of Transfer or Discharge) ending on 3 October 1964 to show: 

* him being activated for Operation Desert Storm on 22 January 1991
* his total years of service

2.  The applicant states:

* he is trying to become a member of the Department of Veterans Affairs (VA) and get medical benefits
* the correction on his DD Form 214 should show he was activated for Operation Desert Storm

3.  The applicant provides:

* DD Form 214, dated 3 October 1964
* Army Reserve Personnel Command 249-2-E (Chronological Statement of Retirement Points)
* Request for Reserve Component Assignment or Attachment
* Blank financial statement




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 was born in May 1942.  He enlisted in the U.S. Army Reserve (USAR) on 24 February 1964.  

3.  He entered active duty for training (ACDUTRA) on 2 May 1964 and successfully completed required training and was awarded military occupational specialty 941.10 (Cook). 

4.  He was honorably released from ACDUTRA on 3 October 1964 to the control of the USAR.  His DD Form 214 shows he completed 5 months and 2 days of creditable active service. 

5.  Between 1970 and 1992, he executed a series of reenlistments and served in a variety of assignments in the USAR and he attained the rank/grade of sergeant first class (SFC)/E-7.

6.  Between October 1990 and September 1991, he was assigned to Company C, 1st Battalion, 485th Regiment, 3rd Brigade, 108th Division, a troop program unit of the USAR. 

7.  He was transferred to the Retired Reserve on 2 September 1992.  He completed 28 qualifying years of service toward non-regular retirement.

8.  He was placed on the Retired List in his retired rank/grade of SFC/E-7 in May 2002. 





9.  He submitted:

	a.  A blank financial statement in relation to Soldiers involuntarily ordered to active duty by Presidential directive in support of Operation Desert Storm and that his unit was called to active duty on 22 January 1991. 

	b.  Request for Reserve Component Assignment or Attachment, dated 26 July 1992, requesting transfer to the Retired Reserve. 

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  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.  

11.  The version of the regulation, currently in effect, mandates an entry in item 18 (Remarks) and states that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:

* ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)
* SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)
* SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS

12.  A DD Form 214 will be prepared for each Soldier as indicated:

	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 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.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The available record shows the applicant served on ACDUTRA in his USAR status from 2 May 1964 to 3 October 1964.  He completed 5 months and 2 days of continuous active service and he was issued a DD Form 214 that captured this period of active duty service.

3.  There is no evidence he performed any other period of active duty of at least 90 consecutive days that would have qualified him for the issuance of any additional DD Forms 214.  Likewise, there is no evidence the applicant was ordered to and entered active duty in support of Operation Desert Storm.  The blank financial document he provides shows his unit was called to active duty on 22 January 1991.  This does not mean he entered active duty and served on active duty for 90 consecutive days.  

4.  It is possible the applicant may have performed annual training contemporaneous with Operation Desert Storm.  However, this would not have been listed on his DD Form 214 that had been issued some 30 years earlier because it did not occur during his active duty service in 1964.

5.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20130007501





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ABCMR Record of Proceedings (cont)                                         AR20130007501



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