IN THE CASE OF: BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002910 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002910 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 directing the U.S. Army Human Resources Command to issue an AHRC Form 1569 (Transcript of Military Record), or other appropriate document, to account for his active service between 1 October 1997 and 23 January 1998. 2. The Board further determined that 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 applicant's request that pertains to documenting periods of active service that are less than 90 days in duration. _____________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. IN THE CASE OF: BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002910 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 (Certificate of Release or Discharge from Active Duty) to show an additional 233 days of active duty service. 2. The applicant states it is his desire to have a DD Form 214 or an equivalent form that shows this additional service so he can buy back his military time served prior to his civil service. The U.S. Army Human Resources Command (HRC) advised him to contact the Army Board for Correction of Military Records (ABCMR), despite the fact that all of the appropriate documentation had been sent to them for his time served. 3. The applicant provides a self-authored statement and the following: * DD Form 214, for the period ending 3 October 1988 * DD Form 214, for the period ending 1 April 1997 * U.S. Army Aviation Center (USAAVNC) Form 87 (USAAVNC Diploma), dated 24 June 1997 * Orders T-08-715947, issued by the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO on 6 August 1997 * DA Form 1059 (Service School Academic Evaluation Report), dated 10 October 1997 * Orders C-10-745069, issued by ARPERCEN on 29 October 1997 * USAAVNC Diploma, dated 26 January 1998 * Service School Academic Evaluation Report, dated 7 April 1998 * Orders T-04-805724, issued by the U.S. Army Reserve Personnel Command (ARPERSCOM), St. Louis, MO on 10 April1998 * U.S. Army Safety Center Diploma, covering the period 16 March through 17 April 1998 * Orders T-06-811860, issued by ARPERSCOM on 25 June 1998 * DA Forms 702 (Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements (LES)), for the periods 24 April 1998, 15 July 1998, and 4 December 1998 * a letter from the Veterans Inquiry Section, Human Resource Service Center, HRC, dated 1 December 2015 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 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. Following previous enlisted service in the Regular Army, the applicant was appointed as a Reserve warrant officer of the Army on 4 October 1988. He entered active duty on that same date. 3. The applicant was honorably released from active duty (REFRAD) on 1 April 1997 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) (i.e., the Individual Ready Reserve (IRR)). He was credited with 8 years, 5 months, and 28 days of net active service, and 4 years and 16 days of prior active service. 4. Orders C-10-745069, issued by ARPERCEN on 29 October 1997, released the applicant from attachment effective 1 October 1997, for the purpose of attending the Fixed Wing Multi-Engine Qualification (FWMEQ) course. 5. The applicant attended the FWMEQ course from 1 October 1997 to 23 January 1998, a period of 115 days. His Service School Academic Evaluation Report shows he attended the course in a resident status and he completed the course on 23 January 1998. 6. A DA Form 5016 (Chronological Statement of Retirement Points) shows he earned retirement points for membership in the USAR in each of the years between 2 April 1997 and 13 November 2000. This form further shows he was credited with the following active service: * 67 days between 2 April 1997 and 1 April 1998 * 13 days between 17 December 1998 and 16 December 1999 * 0 days between 17 December 1999 and 13 November 2000 7. The applicant provides the following timeline of his additional active service: * 5 May 1997 to 24 June 1997, 51 days, without pay * 1 October 1997 to 23 January 1998, 115 days, without pay * 16 March 1998 to 10 April 1998, 26 days, without pay * 13 April 1998 to 24 April 1998, 12 days, with pay * 29 June 1998 to 15 July 1998, 17 days, with pay * 23 November 1998 to 4 December 1998, 12 days, with pay 8. The applicant provides orders, certificates, evaluation reports, and LESs in support of his request. The provided LESs document the pay he received for duty during the periods: 13 April through 24 April 1998 (12 days); 29 June through 15 July 1998 (17 days); and 23 November through 4 December 1998 (12 days). REFERENCES: Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. 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 Active Army Soldiers on termination of active duty by reason of administrative separation including for Reserve Component 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. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show an additional 233 days of active duty service was carefully considered. 2. The evidence of record shows the applicant entered active duty on 4 October 1988 and he was honorably REFRAD on 1 April 1997. He was issued a DD Form 214 for this period of active duty service. 3. Subsequent to his REFRAD on 1 April 1997, the applicant served in the USAR until 13 November 2000. During this period, he performed several short periods of active duty; however, only his service from 1 October 1997 through 23 January 1998 exceeded the 90-day regulatory threshold required to document service on a DD Form 214. 4. The evidence shows the applicant attended the FWMEQ course in a resident status from 1 October 1997 through 23 January 1998, a period of 115 days. This period of active service is not shown on a DD Form 214 or equivalent document. 5. In accordance with regulatory guidance, any period of service that occurred after the applicant's REFRAD, of less than 90 days in duration, is not authorized entry on a DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002910 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002910 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2