IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140014628 


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 issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect:

* she served as a member of the U.S. Army Reserve (USAR) from 28 April 1989 to 1 May 1995
* she was assigned to the 306th Field Hospital, Jackson, TN and her unit was deactivated in 1995
* she never received a DD Form 214 for her service and requires it for her employment
* she has been trying to obtain a copy of her DD Form 214 for the past 8 years and the  U.S. Army Human Resources Command (HRC) referred her to this Board for help

3.  The applicant provides:

* letter sent by the applicant to HRC
* three information papers from HRC
* letter from the Defense Finance and Accounting Service (DFAS)
* Joint Uniform Military Pay System (JUMPS) Leave and Earnings Statements (LES) covering the period May 1989 through May 1993
* Certificate of Promotion, dated 28 April 1991, showing the applicant's promotion to specialist
* two Army Achievement Medal award certificates
* diploma from the U.S. Army Academy of Health Sciences
* Department of the Army (DA) Form 87 (Certificate of Training)
* U.S. Army Reserve certificate
* two DA Forms 638
* DA Form 4187 (Personnel Action)

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 military records are not available for review.  The applicant provides LES’s, awards and training certificates, and various forms which indicate she was a member of the USAR assigned to the 306th Field Hospital in Tennessee.

3.  The applicant provides LES's covering the period May 1989 through May 1993.  Her pay entry basic date (PEBD) is shown as 28 April 1989 and her expiration term of service (ETS) date is 27 April 1995.  On the LES for May 1990, it shows her military occupational specialty is 71G (Patient Administration Specialist).  The highest rank/grade shown in any of her documentation is specialist/E-4.

4.  The applicant provides documentation showing promotion to specialist/E-4 and that she received at least two Army Achievement Medals.  The information papers from HRC essentially state they were unable to locate any record of service or discharge documentation.

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, states a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from Active Duty.  Included are members of the USAR who have completed 90 days or more of continuous active duty service.

6.  Army Regulation 135-91 (Army National Guard and Army Reserve - Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) states the statutory military service obligation (MSO) is incurred on initial entry into the Armed Forces.  Those entering on or after 1 June 1984 incur an 8-year obligation.

7.  Army Regulation 135-178 (Army National Guard and Army Reserve - Enlisted Administrative Separations) provides guidance for USAR separations.  It states, in chapter 4, Soldiers who have completed their MSO will be discharged, normally with an honorable discharge, by the appropriate separation authority.  Separation orders are cut for discharges and discharge certificates are to be issued.

	a.  For Soldiers who are assigned to the Individual Ready Reserve or the Standby Reserve, the separation authority is HRC.

	b.  For Soldiers who are attached or assigned to troop program units of the Selected Reserve, the area commander under whose jurisdiction the unit falls is considered the separation authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a copy of her DD Form 214 to be able to confirm her military service from 28 April 1989 to 1 May 1995.  A DD Form 214, however, is only issued for periods of active duty.  She was a member of the U.S. Army Reserve and does not provide evidence showing she was on active duty for a period of 90 days or more at any point during the period she contends she served.

2.  The statutory requirement for the MSO at the time she entered service in the USAR was 8 years.  She provides evidence she was in a USAR unit at least until June 1993.  As of June 1993 she would have therefore completed 4 years of her MSO, with 4 years remaining.  Assuming she honorably completed the remainder of her service obligation, she would have received discharge orders and a discharge certificate, but not a DD Form 214. 

3.  Based upon the foregoing, there is insufficient evidence provided to support granting the 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)                                         AR20140014628





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ABCMR Record of Proceedings (cont)                                         AR20140014628



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