ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF: 

		BOARD DATE: 7 May 2021

		DOCKET NUMBER: AR20210005751


APPLICANT REQUESTS: correction of block 12e (Total Prior Inactive Service) of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his 
inactive Reserve duty during Operation Desert Shield.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record under the Provisions of 
Title 10, U.S. Code, Section 1552).

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records 
(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 was released from active duty on 3 September 1990 and 
recalled to active duty from 6 October 1990 through 7 February 1991.

3.  He enlisted in the Regular Army on 1 November 1988.

4.  He was released from active duty on 3 August 1990 and transferred to the U.S. Army 
Control Group (Reinforcement). He completed 1 year, 9 months, and 3 days of net 
active service during this period. Block 12e (Total Prior Inactive Service) of his 
DD Form 214 shows 0 years, 0 months, and 0 days.

5.  His DD Form 220 (Active Duty Report), 7 February 1991, shows he entered active 
duty from the U.S. Army Reserve on 31 January 1991 and his active duty tour 
terminated on 7 February 1991. He completed 8 days of active service during this 
period.

6.  Headquarters, U.S. Army Garrison, Presidio of San Francisco, Orders 027-004, 
7 February 1991, discharged him from the Regular Army effective 7 February 1991.



BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that some relief was warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
Evidence of record shows the applicant enlisted and was placed in the delayed entry 
program, an inactive status, prior to reporting for active duty; however, his DD Form 214 
does not show this period of inactive service.  The contested period requested to reflect 
on the DD Form 214 occurred after the period covered by the form.  In addition, he 
received a DD Form 202 to cover the contested period.  Therefore, the Board 
determined there was no error or injustice by not showing the subsequent period on the 
DD Form 214.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by amending 
block 12d on his DD Form 214 for the period ending 3 August 1990 by adding the entry 
“00 04 04.”

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to adding subsequent inactive service to his DD Form 214.


	 
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, 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 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.

2.  Army Regulation 635-5 (Separation Documents), effective 1 October 1979, 
prescribed the separation documents that must be prepared for Soldiers on retirement, 
discharge, or release from active duty service or control of the Active Army. It 
established standardized policy for preparing and distributing the DD Form 214. The 
general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214.

	a.  A DD Form 214 will be prepared for all personnel of the Army National Guard of 
the United States and the U.S. Army Reserve at the time of their retirement, discharge, 
or release from the Active Army:

		(1)  for physical disability under the provisions of Army Regulation 635-40 
(Physical Evaluation for Retention, Retirement, or Separation), regardless of the length 
of time served on active duty;

		(2)  after completing 90 days or more of continuous active duty for training, Army 
National Guard full-time training duty, or active duty support;

		(3)  after completing initial active duty for training which resulted in award of a 
military occupational specialty, even when the active duty period was less than 90 days. 
This includes completion of advanced individual training under the Army National Guard 
of the United States Alternate Training Program or USAR Split Training Program; and

		(4)  from a special active duty training program tour (i.e., tours for projects 
relating to Reserve Component programs that require Reserve Component expertise, 
such as unit conversions to new weapons systems).

	b.  The specific instructions for block 12e (Total Prior Inactive Service) stated all 
service entered will be less time lost under Title 10, U.S. Code, section 972, and time 
lost after expiration of term of service.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210005751


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