IN THE CASE OF:	   

		BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130007957 


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 the issuance of an "Honorable Discharge Medal" and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states it is unfair.  

3.  The applicant does not provide any evidence. 

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 U.S. Navy on 13 April 1965.  He was honorably released from active duty on 17 April 1969 and he was transferred to the U.S. Navy Reserve to complete his remaining service obligation.  He was issued a U.S. Navy DD Form 214 that captured his active service.

3.  He served in the U.S. Navy Reserve from 18 April 1969 to 12 April 1971 and he was honorably discharged by reason of having completed his military service obligation. 

4.  He enlisted in the U.S. Army Reserve (USAR) for one year on 16 November 1974.  He held military occupational specialty (MOS) 71L (Administrative Specialist).  He was assigned to the 325th General Hospital, Kansas City, MO. 

5.  He was honorably discharged from the USAR on 15 November 1975 by reason of expiration of term of service and he was issued an Honorable Discharge Certificate. 

6.  There is no indication he performed active service of 90 days or more in duration during his USAR service. 

7.  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 service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  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 active duty 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.  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 U.S. Alternate Training Program or USAR Split Training Program.

8.  Army Regulation 600-8-22 (Military Awards) outlines U.S. Army awards, decorations, medals, citations, and campaign ribbons.  The "Honorable Discharge Medal" is not listed as an authorized award.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  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 enlisted in the USAR for one year on 16 November 1974 and he was honorably discharged from the USAR on 15 November 1975.  He completed one year of USAR service.  

3.  There is no evidence he performed any active service of at least 90 consecutive days that would have qualified him for the issuance of a DD Form 214.  It is possible the applicant may have performed monthly unit assemblies or annual training.  However, this would not have warranted the issuance of a 
DD Form 214.  

4.  Army Regulation 600-8-22 outlines U.S. Army awards, decorations, medals, citations, and campaign ribbons and there is no such thing as an "Honorable Discharge Medal." 

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)                                         AR20130007957



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ABCMR Record of Proceedings (cont)                                         AR20130007957



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