RECORD OF PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            18 December 2003                  
	DOCKET NUMBER:    AR2003091219

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that Item 23 (Type of Separation) of his 
21 July 1986 separation document (DD Form 214) be changed from “Relief from active duty” to Discharge.  

2.  The applicant states, in effect, that he wants to get an Honorable Discharge Certificate to hang on his wall.  However, he was never discharged from the active Army.  He requests that his DD Form 214 be corrected to accurately reflect that he was discharged from the Army. 

3.  The applicant provides a copy of his 21 July 1986 DD Form 214 in support of his application.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of a perceived error that occurred on 
21 July 1986.  The application submitted in this case is dated 17 May 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he served on active duty for 1 year, 
7 months, and 21 days from 4 December 1984 through 21 July 1986.  The 
DD Form 214 he was issued on the date of his separation confirms that he was honorably released from active duty (REFRAD) under the provisions of paragraph 6-3b, Army Regulation 635-200, by reason of hardship.  This document also confirms that he was transferred to the United States Army Reserve (USAR) Control Group to complete his eight year military service obligation (MSO), which terminated on 3 December 1972.  The applicant authenticated the DD Form 214 with his signature on the date of his REFRAD.  

4.  On 29 March 1988, subsequent to his REFRAD, the applicant enlisted in the Army National Guard (ARNG).  He continuously served in the ARNG for 3 years until 28 March 1991.

5.  Letter Order Number 4E-14, dated 15 April 1991, issued by the Office of the Adjutant General, State of California, directed the applicant’s honorable discharge from the ARNG and as a Reserve of the Army, effective 28 March 1991, by reason of expiration of term of service.  

6.  Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  This regulation stipulates, in effect, that soldiers released from active duty with a remaining statutory MSO will be transferred to a Reserve Component to complete that obligation.  Paragraph 2-10 contains guidance on issuing Honorable Discharge Certificates and it states, in pertinent part, that these certificates will be issued only to those members being discharged.  There are no regulatory provisions that provide for issuing an Honorable Discharge Certificate to those members transferred to a Reserve component.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that upon his REFRAD on 21 July 1986, the applicant was transferred to the USAR Control Group to complete his statutory MSO.  Therefore, he was not entitled to receive an Honorable Discharge Certificated at that time.  

2.  The records show the applicant should have discovered the perceived error pertaining to the issue of a discharge certificate at the completion of his active duty service on the date of his REFRAD, which was 21 July 1986.  Therefore, the time for him to file a request for correction of this perceived error expired on 20 July 1989.  However, the applicant did not file within the 3-year statute of limitations and he has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file on this issue.  

3.  The record does confirm that subsequent to his REFRAD the applicant served in the ARNG and was honorably discharged from that component and as a Reserve of the Army on 28 March 1991.  In conjunction with this discharge, 
he should have received an Honorable Discharge Certificate.  However, the 
initial issue or replacement of this certificate is an administrative matter that 
does not require action by the Board.  Therefore, this administrative correction will be accomplished by Case Management Support Division (CMSD), 
St. Louis, Missouri, as outlined by the Board in paragraph 2 of the 
BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  _____  GRANT RELIEF 

________  ________  _____  GRANT FORMAL HEARING

__RA__  ___YM_  __RO___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested pertaining to correction of the 
21 July DD Form 214 of the individual concerned.  Therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law in regard to this issue.  

2.  The Board did determine that an administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-
St. Louis administratively correct the records of the individual concerned by issuing him an Honorable Discharge Certificate based on his 28 March 1991 discharge from the Army National Guard and as a Reserve of the Army.  

		Raymond V. O’Connor
		   CHAIRPERSON

INDEX

CASE ID	AR2003091219	
SUFFIX		
RECON		
DATE BOARDED	2003/12/18	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1986/07/21	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Hardship	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.