MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 August 2001                   
	DOCKET NUMBER:   AR2001058508

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		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 she be provided a Certificate of Release or Discharge from Active Duty, DD Form 214, for active duty performed 23 May 1972 through 30 September 1980.  She also requests a new DD Form 214 for the period ending 31 October 1992.

APPLICANT STATES:  That she has active duty time counted towards retirement not covered by a DD Form 214.  The VA has denied her VA education benefits because a DD Form 214 cannot be provided to verify her active duty and refuses to accept a copy of her active duty orders.  She requires a new DD Form 214 for the period ending 31 October 1992 because the copy she has does not reproduce well.  As supporting evidence, she provides her pay vouchers and active duty orders to show she performed active duty during this period.

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

She served on active duty in an enlisted status from 7 September 1962 through  6 December 1965 and from 24 January 1966 through 9 January 1969.  

The applicant enlisted in U. S. Army Reserve (USAR) on 23 May 1972.  She was ordered to active duty for training on 10 January 1977 and released from active duty on 28 February 1978, for which she received a DD Form 214.  Her pay vouchers verify that she performed unit drills and annual training on a regular basis but never for a period of 90 or more continuous days of active duty.  She was commissioned in the USAR on 5 February 1979.

On 1 October 1980, the applicant was ordered to active duty in an active guard/reserve (AGR) status.  She retired for length of service on 1 November 1992.  Her USAR active Federal service had been reflected on an Officer’s Service Computation form, DARP Form 2762, and on a Computation of Active Federal Service form, DARC Form 2610, when her service creditable towards retirement was computed.

On 9 November 2000, the VA informed the applicant that her education benefits period would expire on 31 March 2000 as she had not spent any time on active duty from 1 March 1978 through 20 September 1980.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the 

DD Form 214.  It states that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge or release from the Active Army.  It includes members of the USAR separated after completing 90 days or more of continuous active duty for training, full time training duty, or active duty support.
In pertinent part, it states that the DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members.  A statement of service or transcript of military record would be issued instead.

Title 10, U. S. Code, section 101(d) defines “active duty” as full-time duty in the active military service of the United States.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant was not eligible to receive a DD Form 214 for the periods of active duty she served during the period 23 May 1972 – 30 September 1980, except for one period, because none of the periods were for 90 or more continuous days of active duty.  She did receive a DD Form 214 for the time she was on active duty for training for more than 90 continuous days.

3.  A DD Form 214 may not be reissued to replace a record copy.  However, the DD Form 214 for the period ending 31 October 1992 in the applicant’s records reproduced fairly well and copies will be provided to her.

4.  Copies of the DARP Form 2762 and DARC Form 2610, which list all her active Federal service creditable for retirement purposes, will also be provided to the applicant for presentation to the VA as verification of her service.  The VA, in accordance with its own policies and regulations and given the statutory definition of “active duty,” may or may not accept these documents.

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

__jns___  __rtd___  __dph___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001058508	
SUFFIX		
RECON		
DATE BOARDED	20010828	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.