IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018124 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: 22 August 2018 DOCKET NUMBER: AR20160018124 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. _________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: 22 August 2018 DOCKET NUMBER: AR20160018124 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Reserve service through 31 March 2004. 2. The applicant states: a. He enlisted in the U.S. Army Reserve on 7 September 1989 and he was discharged on 31 March 2004. b. He had numerous Reserve duties during his service besides basic training and advanced individual training for his military occupational specialty (MOS); however, his DD Form 214 does not show this information. c. He served in MOS 88M (Motor Transport Operator) in a transportation unit in Irvine, CA, and he was attached to the 950th Maintenance Company, Los Alamos, CA. d. After the 9-11 attack on the U.S., he reenlisted while in the 314th Military Police Company, Irvine, CA, and he was attached to the 491st Military Police Guard Company, Mesa, AZ. e. He attended Fort Hunter, Liggett, CA, training camp for military police and earned his MOS. f. He received honorable discharges on 23 July 2002 and on 31 March 2004. g. He served on active for more than a year during his time with the 314th Military Police Company. h. He served during the Persian Gul War of 1990 and during the 9-11 attack. i. He needs to get his Department of Veterans Affairs (VA) identification card or a qualification letter of being a veteran. He believes his records have been lost, destroyed, or not properly updated. 3. The applicant provides a copy of his DD Form 214. 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 U.S. Army Reserve on 19 July 1989. 3. Headquarters, U.S. Army Training Center and Fort Dix, Orders 360-107, dated 26 December 1989, shows he was awarded MOS 88M on 24 January 1990. 4. His DD Form 214 shows he was released from active duty on 25 January 1990 and his service was uncharacterized. His DD Form 214 shows in: * item 11 (Primary Specialty) – MOS 88M * item 12c (Net Service This Period) – 4 months and 19 days * item 14 (Military Education) – Motor Transportation Operators Course, 8 weeks, January 1990 5. His records are void of and he failed to provide evidence showing he served on active duty after 25 January 1990. 6. On 13 July 2002, he extended his enlistment for a period of 8 months. 7. U.S. Army Reserve Personnel Command Orders D-07-229193, dated 23 July 2002, show he was honorably discharged on 23 July 2002. However, his DA Form 5016 (Chronological Statement of Retirement Points), dated 7 August 2018, shows: * he earned 27 active duty points for the retirement year beginning 13 August 2002 to 18 July 2002 and 7 active duty points for the retirement year beginning 19 July 2003 to 31 March 2004 * he had 3 years, 7 months, and 19 days of qualifying service for retirement and last recorded date of service was 31 March 2004 8. His records are void of separation orders discharging him from the U.S. Army Reserve on 31 March 2004. REFERENCES: 1. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Instructions stated separation would be described as entry level separation with service uncharacterized if processing was initiated while a Soldier was in an entry level status. b. The glossary defines entry-level status for as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. c. The Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when-the soldier is separated by reason of selected changes in service obligation, convenience of the Government and Secretarial plenary authority. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. Instructions stated, in part, a DD Form 214 would be issued: a. after completing 90 days or more of continuous active duty training, full-time training duty, or active duty, or active duty support, b. after completing initial active duty for training which resulted in the award of an MOS, even though the active duty was less than 90 days. c. a special active duty training program tour, (i.e., tours for projects relating to Reserve Component programs that require Reserve Component expertise, such as unit conversions to new weapons systems). 3. The VA, operating under Title 38, U.S. Code, administers benefits to service members, veterans, and their dependents and survivors. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends his DD Form 214 does not show his Reserve service credit and this is preventing him from receiving his VA benefits. 2. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5, in effect at the time, prescribed the DD Form 214 would be issued to Soldiers at the time of their retirement, discharge, or release from active duty. 4. A member's service is under review during the first 180 days of continuous active military service. When separation action is initiated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant a discharge under other than honorable conditions. An honorable characterization may be issued only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army. 5. In all other circumstances, an uncharacterized separation is issued regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not derogatory. It simply means the Soldier did not serve on active duty long enough for his or her service to be rated. The characterization of service he received was in compliance with the governing regulation. 6. The evidence of record shows the applicant was on active duty for initial training during the period 7 September 1989 through 25 January 1990 and his records are void of any evidence he was placed in an active duty status for a period greater than 90 days after 25 January 1990. 7. There is no evidence in his military record showing he served for a period of service authorizing the issuance of a DD Form 214 after the issuance of his DD Form 214 for the period ending on 25 January 1990. As such, none of the training, awards, or other accomplishments occurring after the issuance of this DD Form 214 are authorized for entry on that form, as the events occurred after that period of service. 8. His DD Form 214 was properly issued for the period 7 September 1989 through 25 January 1990 according to the governing regulations. 9. The granting of VA benefits is at the discretion of the VA in accordance with Title 38, U.S. Code. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018124 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018124 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2