IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150005194 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 correction of his DD Form 214 (Certificate of Release or Discharge From active Duty) for the period ending 23 June 1987 to reflect his active duty service from October 1987 through December 1991, including his service in support of Operations Desert Shield/Desert Storm. 2. The applicant states: * his DD Form 214 does not reflect his active duty service from October 1987 through December 1991 * he served in support of Operations Desert Shield/Desert Storm from August 1990 through May 1991 * he was assigned to Headquarters and Headquarters Company, Division Support Command, as well as Company F, 27th Main Support Battalion, at Fort Hood, TX * the omission of his active duty service prohibits him from qualifying as a veteran 3. The applicant provides no additional evidence. 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 U.S. Army Reserve on 31 January 1987 for a period of 8 years. 3. His records indicate he was ordered to active duty for training on 17 February 1987 to attend basic combat training and advanced individual training. Upon completion of his initial entry training on 23 June 1987, he was issued a DD Form 214 honorably releasing him from active duty to the control of his U.S. Army Reserve unit, the 73rd Field Hospital. He was credited with 4 months and 7 days of net active service during this period. 4. On 4 August 1987, he enlisted in the U.S. Army Reserve for a period of 8 years under the Delayed Entry Program for enlistment in the Regular Army effective 8 October 1987. 5. His DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 7 October 1987, shows he was relieved from assignment to the 73rd Field Hospital in Columbus, GA, effective 3 August 1987, for the purpose of enlistment in the Regular Army. 6. Headquarters, Second U.S. Army, Orders 8-42, dated 13 October 1987, discharged him from the U.S. Army Reserve effective 3 August 1987 for the purpose of enlistment in the U.S. Army Reserve on 4 August 1987 under the Delayed Entry Program. 7. There is no evidence of record and the applicant has not provided any evidence showing he entered active duty in October 1987 and/or served a subsequent tour of active duty. There is no corroborating evidence that he served in any Army component beyond his 3 August 1987 discharge from the U.S. Army Reserve. 8. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be prepared for numerous categories of Soldiers, to include: * Active Army Soldiers upon termination of active duty by reason of administrative separation, physical disability separation, or punitive discharge under the Uniform Code of Military Justice * Reserve Component Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304 * Reserve Component Soldiers completing 90 days or more of continuous active duty for training * Reserve Component Soldiers completing initial active duty for training that results in the award of a military occupational specialty, even when the active duty period is less than 90 days 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 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 applicant's request for correction of his DD Form 214 for the period ending 23 June 1987 to reflect his active duty service from October 1987 through December 1991, including his service in support of Operations Desert Shield/ Desert Storm, was carefully considered. 2. The applicant's DD Form 214 covering the period 17 February 1987 through 23 June 1987 correctly documents his active duty for training service during that period. 3. There is no evidence of record and the applicant has not provided any evidence corroborating the assertion that he entered active duty in October 1987 and/or served subsequent active duty ending in December 1991. 4. The issuance of a DD Form 214 is predicated upon the ability to corroborate a period of active duty service which meets the prerequisites for the issuance of a DD Form 214. 5. In the absence of documentary evidence, administrative regularity must be presumed. 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 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) AR20150005194 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005194 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1