MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 November 1998                   
	DOCKET NUMBER:   AC98-11201

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Raymond V. O’Connor		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his “final” separation document (DD Form 214) be corrected to show he enlisted on 15 March 1965 and was honorably discharged on 17 February 1971.

APPLICANT STATES:  That he discovered the error when he applied for VA benefits.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted into the USAR on 18 February 1965 for a period 6 years. 

He was ordered to active duty on 15 March 1965 to complete his basic combat training (BCT) and advanced individual training (AIT).  He completed his BCT and AIT and was released from active duty on 24 July 1965, at which time he was issued a DD Form 214 covering this period of active duty (15 March- 
24 July 1965).  He was transferred to the USAR to complete his military service obligation.  

Effective 24 March 1970 the applicant was ordered to active duty from the USAR, served on active duty for 3 days and was honorably released back to the USAR.  He was issued a DD Form 214 for this 3-day period of active duty.  

He also performed periods of annual active duty training from 15 July to 30 July 1967, from 20 April to 5 May 1968 and from 2 August to 16 August 1969, for which no DD Form 214 was issued.     

The applicant completed his military service obligation and was honorably discharged from the USAR on 17 February 1971.  His highest rank attained was specialist five (E-5).

Army Regulation 635-5 discusses the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). Paragraph 1-4 states in effect, that the DD Form 214 will be prepared for members of the USAR after completing 90 days or more of continuous active duty for training or active duty for support. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant is seeking a DD Form 214 covering his military service from the date he initially entered active duty until his final separation from the USAR.

2.  However, as its name (Certificate of Release or Discharge from Active Duty) implies, the DD Form 214 is issued for periods of active duty, only and is not issued upon discharge from the USAR.  For reservists, the period of active duty must minimally be 90 days.  

3.  Accordingly, the applicant was properly issued a DD Form 214 for the period 15 March through 24 July 1965 when he was on active duty to complete BCT and AIT.  

4.  He was properly not issued DD Form 214 for his 2-week periods of annual training in 1967, 1968, and 1969 and it appears he was not entitled to a DD Form 214 for his 3-day period of active duty in March 1970. 

5.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___JEV__  ___JNS__  ___RVO__  DENY APPLICATION

						Loren G. Harrell
						Director