IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140015455
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 active service in Guantanamo Bay, Cuba, during the period April through June 1992, and to show his rank/pay grade as specialist (SPC)/E-4.
2. The applicant states, in effect, he served in Guantanamo Bay, Cuba from April to June 1992; however, this service is not listed on his DD Form 214. Furthermore, he was discharged in the rank of SPC not private (PVT)/E-1. He has been denied benefits over the years due to a lack of active duty service. He is currently applying for medical and disability benefits and it would be helpful if the above active duty service was listed on his DD Form 214.
3. The applicant provides no additional evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR), on 2 October 1990. He held military occupational specialty (MOS) 31V (Unit Level Communications Maintainer).
2. Orders Number 198-26, issued by the Military Entrance Processing Station, Des Plaines, Illinois, dated 2 October 1990, ordered him to Initial Active Duty for Training (IADT), effective 17 October 1990, for the purpose of attending basic training and advanced individual training.
3. He was relieved from IADT on 5 April 1991 after completing 5 months and 19 days of net active service. His DD Form 214 shows he was awarded MOS 31V near or at the end of his period of IADT, and his rank/pay grade is shown as PVT/E-1.
4. Orders Number A-04-003987, issued by the U.S. Total Army Personnel Command (currently referred to as the U.S. Army Human Resources Command (HRC)), dated 27 April 1992, show he was ordered to active duty for deployment outside the continental United States in support of Operation Guantanamo Bay (GTMO). He was ordered to report no later than 29 April 1992 for a period of active duty of 87 days, with an end date listed as 24 July 1992.
5. His record contains a DA Form 4187 (Personnel Action), dated 28 April 1992, which shows he was promoted to SPC with an effective date and date of rank of
28 April 1992.
6. His record contains a DD Form 220 (Active Duty Report), dated 5 July 1992, which shows he served on active duty from 29 April to 5 July 1992, a period of
67 days. This form also shows his rank as SPC.
7. Orders Number 171-43, issued by Headquarters, U.S. Army Special Operations Command, Fort Bragg, North Carolina, dated 9 September 1993, assigned him to the USAR Control Group (Annual Training), St. Louis, Missouri, effective 10 June 1993.
8. His record does not contain discharge orders; however, it does contain an AHRC Form 249-E (Chronological Statement of Retirement Points) that shows his enlisted service in the USAR ended on 6 October 1998.
9. Army Regulation 635-5 (Separation Documents) in effect at the time, states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. A DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Included are USAR personnel who are separated:
a. After completing 90 days or more of continuous active duty for training, full time duty training, or active duty support; and
b. After completing IADT that resulted in the award of an MOS, even though the active duty was less than 90 days.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 provides a record of a Soldier's active service at the time of their release from active duty and does not reflect subsequent service in the USAR. The applicant entered active service for the purpose of completing IADT, which resulted in him being awarded an MOS. He was issued a DD Form 214 at the conclusion of this period of active service.
2. The DD Form 214 he was issued correctly reflects his rank/pay grade as PV1 and no foreign service. At the time he had not yet attained the rank of SPC nor had he been deployed to Guantanamo Bay, Cuba in support of Operation GTMO.
3. Furthermore, he was not entitled to the issuance of a DD Form 214 for his subsequent service in Guantanamo Bay, Cuba, because that period of active duty was less than 90 days.
4. Based on the foregoing, there is insufficient evidence to grant 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) AR20140015455
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ABCMR Record of Proceedings (cont) AR20140015455
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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