IN THE CASE OF: BOARD DATE: 17 March 2015 DOCKET NUMBER: AR20140013039 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 16 November 1994 be corrected to reflect his Federal deployment overseas for training. 2. The applicant states his DD Form 214 does not reflect his deployment to Europe for training during the period 1 December 1996 to 17 February 1997. 3. The applicant provides copies of his DD Form 214 and amended deployment orders. 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 applicant enlisted in the Alaska Army National Guard (AKARNG) on 24 December 1992 for a period of 8 years. 3. He was ordered to active duty for training on 7 July 1994. He completed his training as a signal support systems specialist at Fort Gordon, Georgia and was honorably released from active duty (REFRAD) on 16 November 1994 and was transferred back to his AKARNG unit. This period of active duty service totaled 4 months and 10 days. 4. The applicant was ordered to overseas deployment training in Europe during the period 1 December 1996 to 17 February 1997, a total of 79 days of active service. 5. On 12 September 2000, he was honorably discharged from the AKARNG and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) where he remained until he was honorably discharged from the USAR on 20 November 2000. 6. A review of the applicant's official records failed to show any additional DD Form 214s were filed in his records. 7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared for personnel at the time of their retirement, discharge, or release from the active Army. Reserve component personnel should receive a DD Form 214 after completing 90 or more days of continuous active duty. The DD Form 214 should reflect information that is in effect at the time the DD Form 214 is prepared. Events that occur subsequent to the date the form was prepared will not be entered retroactively on that form. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his DD Form 214 should be corrected to show his overseas deployment for training has been noted and appears to lack merit. 2. The applicant’s deployment occurred subsequent to the date of his DD Form 214 and is not authorized for entry on that form. Further, regulatory guidance states a DD Form 214 is prepared for Reserve component personnel when they serve 90 or more days of continuous active duty. The applicant served for 79 continuous days during the period in question. By regulation, he is not entitled to a separate DD Form 214 for this period of active duty service. 3. Accordingly, there appears to be no error or injustice in his case and no basis to grant his request. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20140013039 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140013039 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1