BOARD DATE: 18 October 2011 DOCKET NUMBER: AR20110006375 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 a DD Form 214 (Certificate of Release or Discharge from Active Duty) be issued for the period from 1 November 1990 to 1 June 1991. 2. The applicant states when she became too disabled to work and filed for benefits from the Department of Veterans Affairs (VA) they could not find a DD Form 214 for this period of service. 3. The applicant provides: * a Veteran Identification screen from a VA data base * VA Rating Decision, dated 6 October 2008 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. She enlisted in the U.S. Army Reserve (USAR) on 31 January 1987. She had previously served 3 years in the Regular Army and 8 years, 10 months, and 15 days in the USAR. 3. On 13 March 1989, she was transferred from a troop program unit to the USAR Control Group (Reinforcement). 4. On 24 November 1990, she was ordered to active duty for 139 days in support of Operation Desert Shield. She was ordered to report 28 November 1990. There are no orders showing when she was released from active duty during this period. 5. On 2 February 1993, she received an honorable discharge from the Ready Reserve. 6. The VA Rating Decision, dated 6 October 2008, lists 15 pieces of evidence used in making their decision. One of these pieces indicates a copy of orders showing assignment to active duty on 1 November 1990 and a copy of orders showing release from active duty on 30 May 1991. The active military service for this period was conceded by the VA. 7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that a DD Form 214 would be issued at the time of separation to all personnel, to include USAR, after completing 90 days or more of continuous active duty for training (ADT), full-time training duty (FTTD), or active duty support. 8. Army Regulation 635-5, currently in effect, states that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. This regulation further states that if no DD Form 214 is available, a statement of service or transcript of military record may be issued. 9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The exact date of her entry on active duty is not clear. The VA Rating Decision mentions orders showing assignment to active duty on 1 November 1990. However, her orders to active duty in her Military Personnel Records Jacket (MPRJ) show a report date of 30 November 1990. 2. The VA Rating Decision also mentions a copy of orders releasing her from active duty on 30 May 1991. However, her MPRJ does not contain a copy of these orders and she did not provide a copy with her application. However, it must be presumed that a DD Form 214 was issued upon her separation. 3. Since the governing Army regulation specifically prohibits the issuance of replacement DD Forms 214, a statement of service can be issued to cover the period of service in question. However, in this case the specific dates of active duty are not known. Therefore, a statement of service cannot be issued. The applicant may reapply if she can provide proof of the dates of her active duty. The Defense Finance and Accounting Service may be able to assist her. 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) AR20110006375 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110006375 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1