IN THE CASE OF:  

		BOARD DATE:  13 January 2021

		DOCKET NUMBER:  AR20200001849


APPLICANT REQUESTS:  he be issued a DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for 90 days of active duty service.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	2 DA Forms 2139 (Military Pay Voucher)
*	DD Form 256A (Honorable Discharge Certificate)

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR conducted a substantive review of 
this case and determined it is in the interest of justice to excuse the applicant's failure to 
timely file.

2.  The applicant states he proudly served on active duty from 24 September 1974 to
23 December 1974, as evidenced in his pay vouchers.  He served a total of 90 
consecutive days of active duty service.  He received a letter stating his military records 
indicate he was not on active duty for 90 days.

3.  The applicant was appointed a Reserve commissioned officer on 23 June 1971.

4.  A DA Form 1059 (Service School Academic Evaluation Report), dated
7 February 1975, shows the applicant attended the Officer's Advance Course from
27 September 1974 to 17 December 1974.  The DA Form 1059 shows the period of the 
report was from 24 September 1974 to 16 December 1974 (82 days).

5.  The applicant provides Pay Vouchers from the following periods:

*	24 to 30 September 1974 (7 days)
*	1 to 23 December 1974 (23 days); this voucher indicates the applicant was paid 
for 8 days of accrued leave

6.   The applicant's record is void of documents or evidence showing he completed any 
other periods of active duty service meeting the criteria for issuance of a DD Form 214.

7.  Army Regulation 635-5 (Separation Documents) in effect at the time, 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.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted.  The Board carefully considered the applicants request, supporting 
documents, evidence in the records and regulatory guidance.  The Board considered 
the applicant’s statement, his military service record and documents provided by the 
applicant.  The Board determined the evidence presented does not demonstrate the 
existence of a probable error or injustice.  Evidence in the records show a 
DA Form 1059 from 24 September 1974 to 16 December 1974 (82 days).  The Board 
determined the applicant didn’t meet the criteria of a full 90 days.  Therefore, the Board 
determined the overall merits of this case are insufficient as a basis for correction of the 
records of the individual concerned.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.



		  
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.

REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-5 (Separation Documents) in effect at the time, 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.  A DD Form 214 will be prepared for all 
personnel at the time of their retirement, discharge, or release from active duty.  
Included are USAR personnel who are separated: 

	a.  After completing 90 days or more of continuous active duty for training, full 
time duty training, or active duty support; and 

	b.  After completing IADT that resulted in the award of an MOS, even though the 
active duty was less than 90 days.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200001849


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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