IN THE CASE OF: BOARD DATE: 6 August 2021 DOCKET NUMBER: AR20210009816 


APPLICANT REQUESTS: issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 26 October 1985 to 19 October 1991, including his Persian Gulf War service. 

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 Record(ABCMR) conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he was not provided a DD Form 214 for his honorabledischarge from the U.S. Army Reserve for his service from 26 October 1985 to19 October 1991. That period should include his service in the Persian Gulf War. Hewas honorably discharged from the U.S. Army Reserve and would like a DD Form 214to reflect that service.

3.On 26 October 1985, the applicant enlisted in the U.S. Army Reserve.

4.His U.S. Army Reserve Personnel Center Form 249-2-E (Chronological Statement ofRetirement Points), 11 March 1991, shows his retirement points credit for the period26 October 1984 through 25 October 1990. He received 144 active duty points duringthe retirement year 26 October 1985 through 25 October 1986

5.His service records do not contain a DD Form 214 or DD Form 220 (Active DutyReport) covering his initial entry training between 26 October 1985 and 25 October1986.

6.He was ordered to active duty for training for advanced individual training in militaryoccupational specialty 71L (Administrative Specialist) on 29 April 1991. On 15 June1991, he was released from active duty upon completion of training. His service was uncharacterized. His DD Form 214 for this period shows in: 

•item 12c (Net Active Service This Period) – 1 month and 17 days

•item 12d (Total Prior Active Service) – 2 months and 5 days

•item 12e (Total Prior Inactive Service) – 4 years, 7 months, and 28 days

•item 12f (Foreign Service) – no entries



7.On 1 October 1991, he was honorably discharged from the U.S. Army Reserve forimmediate enlistment in the Regular Army. He enlisted in the Regular Army on2 October 1991.

8.Headquarters, Sixth U.S. Army and Presidio of San Francisco, Orders 219-204,24 December 1991, discharged him from the U.S. Army Reserve for immediateenlistment in the Regular Army effective 1 October 1991. The additional instructionsstate: "no formal discharge will be issued by reason of this termination."

9.Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record –Part II) shows he received overseas tour credit for service in Korea from 22 November1991 through 12 March 1993 (1 year, 3 months, and 21 days).

10.On 17 November 1994, he was discharged from active duty and issued a badconduct discharge as a result of court-martial. His DD Form 214 for this period showsin:

•item 12c (Net Active Service This Period) – 1 year, 4 months, and 23 days

•item 12d (Total Prior Active Service) – 3 months and 22 days

•item 12e (Total Prior Inactive Service) – 5 years, 7 months, and 10 days

•item 12f (Foreign Service) – 1 year, 3 months, and 21 days



11.His service records are void of orders or other evidence for service in the PersianGulf War. He is not listed on the Gulf War Registry.

BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief is warranted. The applicant’s contentions were carefully considered.  He completed a period of active duty while conducting initial entry training (IET).  He was awarded a MOS at the completion of IET and was transferred back to the USAR.  Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority.  Based upon regulatory guidance, the Board agreed the DD Form 214 for the period ending 15 June 1991 should show his character of service as Honorable.  His record is absent evidence showing he deployed to the Gulf War, and absent evidence showing he should have received a DD Form 214 for the contested period.   

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

:XX :XX :XX GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief.  As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by reissuinghim a DD Form 214 for the period ending 15 June 1991 showing the character ofservice as Honorable.

2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to any further relief.


Microsoft Office Signature Line...

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 ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed theseparation documents which are prepared for individuals upon retirement, discharge, orrelease from active military service or control of the Army. A DD Form 214 will beprepared for all personnel at the time of their retirement, discharge, or release from theActive Army. Personnel included are members of the Army National Guard andU.S. Army Reserve separated:

a.for physical disability, regardless of the period of time served on active duty;

b.after completing 90 days or more of continuous active duty for training, full-timetraining duty, or active duty support; 

 c.  after completing initial active duty for training which resulted in the award of a military occupational specialty, even though the active duty period was less than 90 days; and 
 
 d.  from a special active duty training program tour. 
 
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