IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150002111
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his U.S. Army Reserve (USAR) service.
2. The applicant states his service dates are wrong. He entered active duty in the 1983 and was discharged in 1989. He enlisted for the split option program because it allowed him to come home after basic training. He finished his senior year of high school before attending advanced individual training (AIT). After AIT he was ordered to his USAR unit where he completed his term.
3. The applicant provides:
* DD Form 214
* a letter from the Department of Veterans Affairs
* a letter from the Volunteers of America of Greater Los Angeles
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. On 17 June 1983, the applicant enlisted in the USAR for a period of 6 years.
3. His DA Form 2-1 (Personnel Qualification Record) shows in item 35 (Record of Assignments) he was ordered to active duty to for basic training on 12 July 1992. He completed basic training on 17 September 1983. He completed 2 months and 5 days of net active service this period.
4. Orders Number 085-9, issued by the Military Entrance Processing Station, Los Angeles, CA, dated 26 April 1984, ordered him to Initial Active Duty for Training (IADT), with a reporting date of 27June 1984, for the purpose of attending AIT.
5. On 29 June 1984, he entered active duty. He was released from active duty on 22 September 1984 and transferred back to his USAR unit. His DD Form 214 shows he was awarded military occupational specialty 71L (Administrative Specialist). He completed 2 months and 25 days of net active service this period. His DD Form 214 also shows his prior active service of 2 months and 5 days.
6. Orders Number 27-05, issued by Headquarters, Military Management Center (Corps), dated 24 April 1986, show he was relieved from his unit of assignment for unsatisfactory participation and transferred to the USAR Control Group (Reinforcement) effective 24 March 1986.
7. Orders C-08-038182, issued by USAR Personnel Center, dated 19 August 1986, show he was relieved from the USAR Control Group (Reinforcement) and assigned to the USAR Control Group Annual Training effective 25 March 1986.
8. Orders D06-052317, issued by the USAR Personnel Center, dated 14 June 1989, show he was honorably discharged from the Ready Reserve on 16 June 1989.
9. There is no evidence nor does he provide any evidence to show he completed any additional active duty service that would meet the criteria for issuance of a DD Form 214.
10. 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 release from active duty and does not reflect subsequent service in the USAR. The applicant entered active service for the purpose of completing AIT, 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. There is no evidence showing he completed any additional active duty service that met the criteria for issuance of an additional DD Form 214.
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) AR20150002111
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