IN THE CASE OF:	  

		BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130012330 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 1 May 1991 to add his reserve service.

2.  The applicant states he was not issued the DD Form 215 (Correction to DD Form 214) which was promised in item 18 (Remarks) in his DD Form 214 for the period ending on 1 May 1991.  His DD Form 214 correctly lists his active duty service but the following periods of his Reserve service are missing:

* 10 April 1979 - 21 July 1979
* 12 September 1990 - 1 May 1991

3.  The applicant provides:

* Page 2 of a document entitled "Statement of Case," dated 13 September 2011
* DD Form 214 for the period ending on 1 May 1991
* Chronological statement of retirement points, dated 7 August 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 enlisted in the U.S. Army Reserve (USAR) on 10 April 1979 and served through a series of enlistments or extensions.  

3.  His record contains a DD Form 214 (Report of Separation from Active Duty) which shows he entered active duty for training (ADT) on 10 April 1979 and was honorably released from ADT on 21 July 1979.

4.  HIs record contains a DD Form 214 which shows he entered active duty on 
12 September 1990 and was honorably released from active duty on 1 May 1991.  His DD Form 214 also shows in:

* Item 12d (Net Active Service this Period): 7 months and 20 days
* Item 12d (Total Prior Active Service): 3 months and 12 days
* Item 12e (Total Prior Inactive Service): 11 years, 1 month, and 20 days

5.  His record contains a DD Form 215, dated 30 June 1991, which corrected the DD Form 214 for the period ending on 1 May 1991.

6.  His record did not include orders discharging him from the USAR.  However, his chronological statement of retirement points, dated 1 April 2014, shows he served in the USAR from 10 April 1979 to 18 February 1997.

7.  Army Regulation 635-8 (Separation Processing and Documents), paragraph 5-6 (Rules for Completing the DD Form 214) provides detailed instructions of data required in each block of the DD Form 214.  This regulation states that for:

	a.  Item 12d, previously-issued DD Forms 214, DD Forms 220 (Active Duty Report), DA Forms 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes), or Retirement Points Annual Statement should be used to enter total amount of prior active military service less lost time, if any.  If not applicable, enter "00 00 00."

	b.  Item 12e previously issued DD Forms 214, Retirement Points Annual Statement, DA Forms 1506, or servicemember’s record brief should be used to enter the total amount of prior inactive service, less lost time, if any.  If not applicable, enter "00 00 00."

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated that his Reserve service for the periods 10 April 1979 - 21 July 1979 and 12 September 1990 - 1 May 1991 were not listed on his DD Form 214 for the period ending on 1 May 1991 and that he was not issued the DD Form 215 he was promised in item 18 of that same form.

2.  It is unclear if all of the applicant's active and inactive reserve time were accurately calculated since the DD Form 214 did not account for any annual training he may have previously completed.  Therefore, the U.S. Army Human Resources Command (HRC) should conduct an audit of his Retirement Points Annual Statement to determine if additional corrections are needed to items 12d and 12e of his DD Form 214.  If HRC determines corrections are necessary the corrections should be made and HRC should issue him a DD Form 215.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* directing HRC to conduct an audit of his Retirement Points Annual Statement to determine if additional corrections are needed to items 12d and 12e of his DD Form 214 for the period ending 1 May 1991




* If corrections are necessary HRC will issue him a DD Form 215 to reflect those corrections



      _______ _   __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)                                         AR20130012330





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ABCMR Record of Proceedings (cont)                                         AR20130012330



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