IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012939 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012939 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________________________ 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: 13 June 2018 DOCKET NUMBER: AR20160012939 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 correction and reissuance of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 22 September 1983 to show his proper signature. 2. The applicant also requests issuance of a DD Form 214 for the period 25 June 1993 through 10 October 1993. 2. The applicant states: a. His DD Form 214 for the period ending on 22 September 1983 has an invalid signature. He did not sign this discharge form and would like to have the correct signature on his DD Form 214. b. He was ordered to active duty while serving in the Army National Guard (ARNG) for flooding in St. Joseph and Carrolton, Missouri, during the period 25 June 1993 to 10 October 1993. He never received a DD Form 214 for this period of active duty. 3. The applicant provides: * two applications * DD Form 214 * National Guard Bureau Form 22 (Report of Separation and Record of Service) 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 ARNG on 29 April 1983. 3. He was ordered to active duty for training on 27 June 1983 and he was released from active duty on 22 September 1983. Item 21 (Signature of Member Being Separated) of his DD Form 214 shows a signature of the applicant's name. 4. There is no evidence in his military record nor did he provide evidence to show he served on active duty for more than 90 days from 25 June 1993 to 10 October 1993. 5. His records contain a DA Form 1059 (Service School Academic Evaluation Report) showing he attended the resident Military Occupational Specialty Qualification 62J Course from 21 August 1993 through 4 September 1993 at the North Dakota Military Academy, in North Dakota. This service school covered a period of less than 90 days. 6. On 28 April 1995, he was honorably discharged from the ARNG. REFERENCES: Army Regulation 635-5, in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The general guidance stated a DD Form 214 will be prepared for all Reserve Component personnel completing 90 or more continuous days of active duty service. DISCUSSION: 1. The applicant's contention his signature was forged on his DD Form 214 was carefully considered. However, he did not provide sufficient evidence to support this contention. The ABCMR does not investigate cases, but relies upon the evidence in the applicant's record and that provided by applicants. In this respect, the ABCMR does not perform, nor is it equipped to perform forensic handwriting analysis. 2. His request for the issuance of a DD Form 214 for the period 25 June 1993 to 10 October 1993 for participating in flood relief in Missouri was noted. However, the evidence of record shows he attended a resident course in North Dakota from 21 August 1993 to 4 September 1993. 3. Army Regulation 635-5, in effect at the time, stated a DD Form 214 would be prepared for all Reserve Component personnel completing 90 or more continuous days of active duty service. 4. There is no evidence of record showing he completed 90 or more continuous days of active duty service. NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012939 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012939 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2