IN THE CASE OF:	  

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140001432 


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 item 23 (Type of Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Completion of Required Active Service" instead of "Release from Active Duty."

2.  The applicant states he believes item 23 of his DD Form 214 to be in error as the Army was down-sizing and his military occupational specialty (MOS) had been terminated.  Therefore, he did complete the required active duty service.

3.  The applicant provides a copy of his DD Form 214.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 3 May 1991.  He was discharged from the DEP on 21 May 1991. He enlisted in the Regular Army on 22 May 1991.  He served in MOS 13N (lance crewmember).  

3.  Orders Number 222-233, issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, OK, on 10 August 1991, withdrew his MOS 13N with an effective date of 10 September 1991.

4.  Orders Number 113-24, issued by the 189th Personnel Service Company, on 8 May 1992, show he was reassigned to the transition point for release from active duty and assignment to the USAR Control Group (Individual Ready Reserve (IRR)) with a report date of 21 May 1992.  The orders show he was assigned to the 164th Military Police Company and he had a Reserve obligation termination date of 2 May 1999.

5.  He was honorably released from active duty on 21 May 1992 and he was transferred to the USAR (IRR).  His DD Form 214 lists in:

* Item 23 – Release from Active Duty
* Item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 5, section II
* Item 28 (Narrative Reason for Separation) – Directed by the Secretary of the Army (SA) – Convenience of Government

6.  He was honorably discharged from the USAR on 25 May 1999.

7.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Section II, chapter 5, of the regulation stated the separation of enlisted personnel for the convenience of the Government was the prerogative of the SA.  The separation of any enlisted member of the Army under that authority would be based on an SA determination that separation was in the best interests of the Army. 

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that would be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The regulation stated:

* Item 23 would list the appropriate term of "Release from Active Duty," "Discharge," "Retirement," or "Release from active duty and order to active duty in another status"
* Item 25 would list the regulatory or directives authorizing the separation
* Item 28 would list the entry based on regulatory or other authority; for Soldiers ordered to active duty training (ADT), Active Guard Reserve (AGR), or Active Duty Special Work (ADSW), on self-terminating orders the entry, "Completion of Period of ADT, AGR, or ADSW was appropriate

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation, in effect at the time of the applicant’s separation on 21 May 1992, stated item 23 would list the appropriate term based on the separation.  In his case, he was honorably released from active duty and he was transferred to the USAR to complete his Reserve service obligation.  There is no error or injustice and item 23 of his DD Form 214 is correct.  Therefore, he is not entitled to the requested relief.  

2.  By regulation, item 18 of the DD Form 214 would list the mandatory entry to indicate if the Soldier had or had not completed their first full term of service.  Therefore, as a matter of equity and based on his release from active duty directed by the Secretary of the Army for the convenience of the Government, it would be appropriate to add to item 18 of his DD Form 214 the entry, "Soldier Has Completed First Full Term of Service."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding to item 18 of the applicant's DD Form 214 the entry, "Soldier Has Completed First Full Term of Service."

2.  The Board further determined that 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 correction of item 23 of this DD Form  214 to show "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)                                         AR20140001432





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ABCMR Record of Proceedings (cont)                                         AR20140001432



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