BOARD DATE: 28 July 2009 DOCKET NUMBER: AR20090004338 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 that he be provided a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served on active duty for 180 days beginning on 30 November 1990. 2. The applicant states that he was involved in and ordered to active duty on 30 November 1990 for a period of 180 days and he needs a DD Form 214 to reflect this information so that he can apply for benefits. 3. The applicant provides a copy of Section VII - Current and Previous Assignments from his DA Form 2-1(Personnel Qualification Record). 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 enlisted in the Georgia Army National Guard (GAARNG) on 7 September 1989 for a period of 8 years. He was ordered to active duty for training (ACDUTRA) on 7 November 1989 and he was transferred to Fort Benning, Georgia to undergo his one-station unit training (OSUT) as an infantryman. He completed his training and was honorably released from ACDUTRA on 6 April 1990 and was returned to his GAARNG unit. 3. On 30 November 1990, the applicant was ordered to active duty for a period of 6 months, unless sooner released or later extended. On 1 December 1990, he was transferred to Fort Stewart, Georgia, where he served as a Bradley Fighting Vehicle (BFV) driver until 7 January 1991, when he was released from active duty and was returned to his GAARNG unit. He had served 37 days of active service during this period and was not issued a DD Form 214. 4. On 1 July 1992, the applicant was discharged from the GAARNG under honorable conditions and he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). On 4 May 1993, he was honorably discharged from the USAR. 5. On 24 February 2009, officials at the National Personnel Records Center in St. Louis, Missouri advised the applicant that a DD Form 214 is not issued to Reserve Component personnel for periods less than 90 days in duration. He was advised at that time that if he felt that there was an error, he could apply to this Board. 6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation for the DD Form 214. It provides, in pertinent part, that a DD Form 214 will be issued to Reserve component Soldiers who complete 90 or more days of active duty. DISCUSSION AND CONCLUSIONS: 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. Accordingly, there is no basis to grant the applicant's request. 2. The applicant did not serve the minimum 90 days of active duty service necessary to be issued a DD Form 214. Accordingly, there is no basis to grant the applicant's 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) AR20090004338 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004338 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1