IN THE CASE OF:	  

		BOARD DATE:	  15 April 2014

		DOCKET NUMBER:  AR20130014080 


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) to show his activation in support of Operation Desert Storm and award of the Army Service Ribbon.

2.  The applicant states he is a veteran and needs his military records to reflect his veterans' status.  He attests that orders were issued for his unit to support the 1175th Transportation Detachment that was already mobilized.  They were activated during wartime.  He has received veterans' benefits for which he would not qualify without his wartime service.

3.  He provides:

* DD Form 214
* Orders 187-082, dated 15 August 1991
* U.S. Army Reserve Components Personnel and Administration Center DARC Form 249-1-R (Retirement Points)
* Orders D-07-949071, dated 13 July 1999
* DD Form 256A (Honorable Discharge Certificate)
* four letters
* invoice from Anne Arundel Community College, dated 14 May 2013

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 contain and he also provides a DD Form 214 which shows he enlisted in the U.S. Army Reserve (USAR) for the purpose of attending the U.S. Military Academy Preparatory School as a cadet candidate.  He was ordered to active duty for training on 29 July 1984 and honorably discharged on 28 November 1984 by direction of the Secretary of the Army.  His DD Form 214 shows he was credited with 4 months (123 calendar days) of active duty service during this period.  This form also shows he was not awarded or authorized any decorations, medals, badges, citations or campaign ribbons.

3.  U.S. Army Reserve Officers' Training Corps (ROTC) Senior Program, Drexel University, Philadelphia, PA, Orders 16-2, dated 17 June 1989, show the applicant was discharged from the USAR Control Group (ROTC) effective 10 June 1989.

4.  On 10 June 1989, the applicant was appointed as a Reserve commissioned officer in the USAR in the rank/pay grade of second lieutenant/O-1.

5.  Headquarters, 78th Division (Training), Edison, NJ, Orders 187-082, dated 15 August 1991, show the applicant was ordered to annual training (AT) for a period of 14 days with a reporting date of 2 September 1991 for the purpose of supporting the 1175th Transportation Detachment in Charleston, SC.

6.  The applicant's DARC Form 249-1-R shows he was credited with active duty service during the following retirement years:

* 136 days from 10 June 1990 to 9 June 1991 – presumably for initial active duty for training (IADT)
* 15 days from 10 June 1991 to 9 June 1992 – for the aforementioned AT

7.  USAR Personnel Command, St. Louis, MO, Orders D-07-949071, dated 13 July 1999, honorably discharged him from the USAR Control Group (Reinforcement) effective 13 July 1999.  He provided his Honorable Discharge Certificate which further corroborates his discharge.
8.  His records are void of any evidence and he has not provided any evidence showing he completed any other period of active service of more than 90 days between when he was released from IADT and when he was discharged from the USAR.

9.  The applicant provided:

	a.  a letter from the National Personnel Records Center, St. Louis, MO, written in response to his request for a copy of his military records.

	b.  three letters from various departments within the Department of Veterans Affairs as follows:

		(1)  a cover letter written to accompany the applicant's Veterans Health Benefits Handbook providing information regarding his VA health care benefits,

		(2)  a letter advising the applicant that he does not meet the requirements of the law for restoration of VA loan entitlements because the VA suffered a loss in connection with his prior loan(s) and the loss has not been fully repaid,

		(3)  a letter certifying that he meets the basic eligibility requirements and the program of education or training he desired to attend at the Anne Arundel Community College was approved for the Veterans Retraining Assistance Program, and

	c.  an invoice from the Anne Arundel Community College for unpaid tuition and fees in the amount of $1,575.00.

10.  The Gulf War took place from 2 August 1990 through 28 February 1991.  Operation Desert Shield began on 7 August 1990 and Operation Desert Storm began on 17 January 1991.

11.  Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award upon successful completion of initial entry training.  

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with a complete and accurate 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 of more than 90 days, to include attendance at basic and advanced training, and is prepared for all personnel at the time of retirement, discharge, or release from active duty.  The DD Form 214 is not required for periods of less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected (or that he should be issued an additional DD Form 214) to reflect his wartime service was carefully considered and determined to lack merit.

2.  Although his records show he was ordered to active duty for AT, it was only for a period of 14 days and the service was performed in Charleston, SC.  Since this period was less than 90 days, he was not issued a DD Form 214.

3.  His records are void of any evidence and he has not provided any evidence showing he completed any other period of active service of more than 90 days between when he was released from IADT and when he was discharged from the USAR on 26 March 2002.  There is no regulatory provision for issuance of a DD Form 214 for inactive USAR service.  Therefore, there is no basis for granting the requested relief.

4.  Orders show he was appointed in the USAR on 10 June 1989 and was honorably discharged from the USAR effective 13 July 1999.  Therefore, he served a qualifying period of service in an active Reserve status for award of the Army Service Ribbon.  Although there is no provision for issuing orders for this service ribbon, the applicant should be issued an appropriate document showing he is authorized the Army Service Ribbon effective 13 July 1999 based upon completion of a qualifying period of service in an active Reserve status.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him an appropriate document showing he is authorized the Army Service Ribbon effective 13 July 1999 based upon completion of a qualifying period of service in an active Reserve status.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to reflect wartime service or the Army Service Ribbon.



      ______________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)                                         AR20130014080



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ABCMR Record of Proceedings (cont)                                         AR20130014080



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