IN THE CASE OF: BOARD DATE: 21 January 2016 DOCKET NUMBER: AR20150007258 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 13 January 1967, to show awards he later earned in the U.S. Army Reserve (USAR). 2. The applicant states his medals (Expert Infantryman Badge and Meritorious Service Medal) are not listed on his release from service document. He earned these decorations in the Reserves. 3. The applicant provides a certificate for award of the Expert Infantryman Badge and a DA Form 638 (Recommendation for Award) showing award of the Meritorious Service Medal. 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 USAR on 27 March 1961. He entered active duty for training (ACDUTRA) on 21 April 1961 and completed training for award of military occupational specialty (MOS) 640.00 (Light Vehicle Driver). 3. He was honorably released from ACDUTRA on 20 October 1961 and transferred back to his USAR unit. He was issued a DD Form 214 that captured this active service. 4. He enlisted in the Regular Army (RA) on 16 January 1964. He served in Germany from October 1964 to October 1966. He was honorably released from active duty on 13 January 1967 and transferred to the USAR. He was issued a DD Form 214 that captured this active service and listed the: * National Defense Service Medal * Good Conduct Medal * Safe Driver Badge 5. After a break, he served in the Army National Guard (ARNG) from July 1967 to August 1968, November 1968 to July 1969, and October 1969 to August 1970; the U.S. Air Force Reserve (USAFR) from August 1970 to August 1971; and the ARNG from February 1972 to February 1973, September 1976 to November 1977, and April 1978 to March 1979. 6. He enlisted in the USAR on 20 July 1981. He served through two reenlistments in a variety of USAR assignments and he attained the rank/grade of first sergeant (1SG)/E-8. 7. On 2 October 1992, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) and on 25 March 1995, he was transferred to the Retired Reserve. 8. He was placed on the Retired List in his retired rank/grade of 22 May 2002. 9. He provides and his records contain: a. DA Form 638, dated 28 March 1995, awarding him the Meritorious Service Medal for service from September 1976 to March 1995 by authority of Permanent Order Number 123-21, issued by Headquarters, 104th Division. b. Certificate, dated 22 February 1984, awarding him the Expert Infantryman Badge after having met established requirements of 3rd Battalion, 414th Regiment, 1st Brigade, 104th Division. 10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), full-time National Guard duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. ARNG and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the U.S. Alternate Training Program or USAR Split Training Program. DISCUSSION AND CONCLUSIONS: 1. The available record shows the applicant served on active duty in an ACDUTRA status from 21 April to 20 October 1961 and in the Regular Army (on active duty) from 16 January 1964 to 13 January 1967. He was issued a separate DD Form 214 for each of these periods of active duty service. 2. He served in the ARNG and the USAFR, on and off, from July 1967 to March 1979. He then enlisted in the USAR in 1981 and served through March 1995 when he was transferred to the Retired Reserve. 3. Aside from his active duty service in 1961 and from 1964 to 1967 for which DD Forms 214 were issued, there is no evidence he performed any other active duty service of at least 90 consecutive days that would require issuance of a DD Form 214. 4. The two awards he listed were not earned or awarded during his active duty service in 1961 or between 1964 and 1967. They were awarded years later while in the USAR. There is no provision in the governing regulation to retroactively add individual awards given for later service to a previously-issued DD Form 214 (unless an award is in recognition of act, service, or achievement that occurred during the period covered by the DD Form 214). 5. The applicant's DA Form 201 (Military Personnel Records Jacket) (also known as the 201 file) already contains a record of the awards in question. There is nothing to correct. 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) AR20150007258 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007258 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1