IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130019376
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 the type of separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 September 1992 to show release from active duty (REFRAD) instead of release from active duty for training (ADT).
2. The applicant states he was not in training at the time. He was activated in support of Operation Desert Storm. Item 18 (Remarks) confirms the reason for his entry on active duty.
3. The applicant provides his DD Form 214, Orders A-04-003930, and amendment Orders A-04-003930A01.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code (USC), 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 New York Army National Guard (ARNG) on 14 November 1974. He served through multiple extensions in a variety of assignments.
3. He was assigned in military occupational specialty 63B (Light Wheel Vehicle Mechanic) to Company B, 42d Maintenance Battalion, Bronx, NY.
4. On 18 November 1991, he was honorably discharged from the New York ARNG and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
5. U.S. Total Army Personnel Command (PERSCOM), St. Louis, MO,
Orders A-04-003930, dated 21 April 1992, ordered him to active duty under the provisions of Title 10, USC, section 672(d), for a period of 89 days for the purpose of the equipment reconstitution team in support of Operations Desert Shield/Desert Storm beginning on 27 April 1992 and terminating on 23 July 1992.
He was assigned to Task Force Desert Fix, 3220th U.S. Army Garrison, West Palm Beach, FL. He entered active duty on 27 April 1992.
6. On 14 July 1992, PERSCOM published Orders A-04-003930A01 amending the above orders to show a period of active duty of 152 days vice 89 days, terminating on 25 September 1992.
7. He was honorably REFRAD on 25 September 1992. His DD Form 214 shows he completed 4 months and 29 days of creditable active service. It also shows in:
* item 18 "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT SHIELD/DESERT STORM [IN ACCORDANCE WITH] 10 USC 672 [TITLE 10, USC, SECTION 672(D)]"
* item 23 (Type of Separation) "RELEASE FROM ADT"
* item 25 (Separation Authority) "SELF TERMINATING ORDERS
#A-04-003930 DATED 21 APR 92"
* item 26 (Separation Code) "NA"
* item 28 (Narrative Reason for Separation) "COMPLETION OF ADSW"
8. He was transferred to the Retired Reserve on 13 November 1995 and he was ultimately placed on the Retired List on his 60th birthday in January 2006.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. 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, and is not intended to have any legal effect on termination of a Soldier's service. Chapter 2 states item 23 shows the type of separation for enlisted personnel, such as REFRAD, discharge, retirement, release from ADT, or release from custody and control of the Army.
10. A DD Form 214 will be prepared for Reserve Component 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.
DISCUSSION AND CONCLUSIONS:
1. The available record shows the applicant was mobilized and entered active duty on 27 April 1992 in support of Operations Desert Shield/Desert Storm. Upon his REFRAD, his DD Form 214 inadvertently listed the type of separation as "RELEASE FROM ADT." He was not performing ADT. Therefore, he is entitled to correction of his DD Form 214 to show the type of separation as "REFRAD."
2. As related issues, the following items should also be corrected to show:
* item 25 "ARMY REGULATION 635-200, CHAPTER 4"
* item 26 "MBK"
* item 28 "COMPLETION OF REQUIRED ACTIVE SERVICE"
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the current entries from items 23, 25, 26, and 28 of his DD Form 214 and replacing them with the following entries:
*
item 23 "REFRAD"
* item 25 "ARMY REGULATION 635-200, CHAPTER 4"
* item 26 "MBK"
* item 28 "COMPLETION OF REQUIRED ACTIVE SERVICE"
____________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) AR20130019376
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ABCMR Record of Proceedings (cont) AR20130019376
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