BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160015125 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 BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160015125 1. The Board determined the evidence presented is 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 issuing the applicant an AHRC Form 3553-1E (Statement of Military Service) in lieu of the missing DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 March 1981 through 6 June 1981. 2. The Board further determined 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 application that pertains to amending the applicant's 4 July 1983 DD Form 214. _____________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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160015125 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 of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of her active duty service. 2. The applicant states the Army Board for Corrections of Military Records (ABCMR) corrected her duty status [service component] but her active duty days were not recorded properly on a DD Form 214; thus, the Office of Personal Management (OPM) will not credit her for her active duty days. She would like at least her basic training active duty days to be shown on her DD Form 214. She was told 1/3 of Soldiers do not receive a DD Form 214. This is an injustice to all Soldiers that work for the Federal government and should be due credit for their service. 3. The applicant provides one page of a prior ABCMR decisional document. 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. On 17 October 1980, the applicant enlisted in the US Army Reserve (USAR) for 6 years. 3. Orders number 214-15, published on 17 October 1980 ordered her initial active duty for training (IADT) to complete basic combat and advanced individual training on 2 March 1981. a. She was directed to report to the U.S. Army Reception Station at Fort McClellan, AL on 2 March 1981. b. She was directed to begin basic combat training on 6 March 1981, and upon completion report to Fort Sam Houston, TX for advanced individual training on 24 April 1981. 4. Her DA Form 2-1 (Personnel Qualification Record – Part II) confirms: a. She entered IADT on 2 March 1981 and reported to the Reception Station that same day b. She reported to basic combat training on 7 March 1981 and was released to travel to advanced individual training in a casual status on 23 April 1981. c. She reported to advanced individual training on 24 April 1981 and she was awarded an MOS on 5 or 6 June 1981 and she was released from advanced individual training to return to her unit on 6 June 1981. d. She served on active duty from 2 March 1981 until 6 June 1981; a period of 95 days. 5. Her record does not contain a DD Form 214 for this period. 6. On 16 August 1982 she was ordered to active duty for training (ADT) and was released from ADT with return to her TPU on 4 July 1983. Her DD Form 214 contains the following pertinent information: * item 12c (Net Active Service This Period) shows 10 months and 19 days * item 12d (Prior Active Service) shows 3 months and 5 day * item 12e (Prior Inactive Service) shows 1 year, 6 months, and 24 days REFERENCES: 1. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. a DD Form 214 will be prepared for Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT). RC soldiers completing initial ADT that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days. b. Do not reissue a DD Form 214 to replace record copies or DD Forms 214 lost by the service member. If no DD Form 214 is available, issue a statement of service or transcript of military record. 3. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence of record shows the applicant served on IADT for a period of 95 days. During this period she completed basic combat and advanced individual training and she was awarded an MOS. 2. The evidence of record shows that a DD Form 214 was not filed in the applicant's military record for this period of service. The reason for it's absence is unknown. 3. The ABCMR is required to presume administrative regularity. In this case, there is no evidence that the government failed to issued the applicant a DD Form 214, there is only evidence to show a DD Form 214 was not filed in her military record. 4. The applicant's DD Form 214 for the period ending on 4 July 1983 captures her 95 days of prior active service. 5. Army Regulation 635-5 specifically states that DD Forms 214 will not be reissued to replace record copies or DD Forms 214 lost by the service member. However, the applicant may be issued an official statement of service to capture her active duty service from 2 March 1981 through 6 June 1981. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015125 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015125 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2