BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017851 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ _x_______ __x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017851 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. BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017851 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, in effect, correction of his DD Form 256 (Honorable Discharge Certificate) (from the United States Army Reserve (USAR)) to show his date of discharge as 15 October 1974 vice 24 April 1991. 2. The applicant states his Honorable Discharge Certificate (from the USAR) shows the wrong discharge date. 3. The applicant provides a copy of his: * DD Form 214, effective date 15 October 1974 * DD Form 256, dated 24 April 1991 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 DD Form 214 the applicant provided shows he served in the Regular Army (RA) from 22 October 1971 until he was honorably relieved from active duty on 15 October 1974 and was transferred to the USAR Control Group to complete his service obligation. He had completed 2 years, 11 months, and 24 days of active service this period. This DD Form 214 shows in item 12 (Terminal Date of Reserve/MSS Obligation) the entry 21 October 1977. This DD Form 214 also shows he was assigned a separation program designator code of “LBM,” due to insufficient retainability (economic reasons). 3. A second DD Form 214 that is available shows he served in the RA from 4 January 1977 to 15 May 1984 until he was honorably released from active duty and transferred to the USAR due to expiration term of service. This DD Form 214 shows he completed 7 years, 4 months, and 12 days of active service this period and he completed 4 years, 2 months, and 28 days of prior active service. This DD Form 214 shows he had no Reserve obligation. 4. It appears he continued to serve without a break in service until he was honorably discharged from the USAR (Ready Reserve) on 24 April 1991. 5. USAR Personnel Center Orders 0-04-005006, dated 24 April 1991, show the applicant was discharged from the USAR (Ready Reserve), effective this date. 6. On 24 April 1991, the applicant was issued an Honorable Discharge Certificate from the USAR as a testimonial of his honest and faithful service. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. a. It establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. b. It states, in pertinent part, that the DD Form 256 is an authorized separation document. The DD Form 256 is issued appropriately to all Soldiers receiving an honorable discharge. In the space under "this is to certify that," enter the name, typed–in capital letters in signature order, followed by the grade and career branch (officer) or component (enlisted) without the social security number. Spell out the component if RA; enter other components as Army National Guard or USAR. Type the name of the officer signing the certificate between the lines in the lower right corner of the certificate. Type the name in capital letters in the signature order, with grade and branch centered below the name. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) governs the separation of enlisted Soldiers: a. The word "discharge" means complete severance from all military statuses. b. The word "separation" is a general term which includes release from active duty, release from military control of persons without a military status, discharge, or retirement. c. Release from active duty is termination of active duty status and transfer or reversion to a Reserve component not on active duty. DISCUSSION: 1. An Honorable Discharge Certificate is issued to Soldiers upon discharge from the military and only after they have completed their entire military service obligation. 2. The applicant served on active duty from 22 October 1971 through 15 October 1974 and he was honorably relieved from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve military service obligation which was effective 21 October 1977. 3. He did not meet the criteria for the issuance of an Honorable Discharge Certificate on 15 October 1974. It appears he continued to serve after this date without a break in service until he was honorably discharged from the USAR (Ready Reserve) on 24 April 1991. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017851 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017851 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2