BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018420 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: 8 August 2018 DOCKET NUMBER: AR20160018420 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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018420 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 the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 April 2006 to 14 April 2006. 2. The applicant states: * he had prior active duty service in the Regular Army from 2002 to 2004 * he was recalled to active duty from an Individual Ready Reserve status in 2006 * his 2004 DD Form 214 does not show this time * he wants a new DD Form 214 to show his 2006 active duty service * he is a Federal employee and has to have a current DD Form 214 for work 3. The applicant provides no additional evidence. 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 (USAR) under the Delayed Entry Program on 21 June 2002 for a period of 8 years. He was discharged from the USAR Delayed Entry Program on 7 August 2002 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 8 August 2002 for a period of 2 years. On 7 August 2004, he was honorably released from active duty. 3. His records contain a DD Form 220 (Active Duty Report), issued on 13 April 2006, showing he served on active duty from 2 April 2006 to 14 April 2006. 4. There is no evidence in his military record showing he served on active duty for more than 90 days in 2006. 5. On 22 June 2010, he was honorably discharged from the USAR. REFERENCES: Army Regulation 635-5 (Separation Documents), 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 evidence of record shows the applicant served on active duty from 2 April 2006 to 14 April 2006, a total of 12 days. 2. His request for the issuance of a DD Form 214 to show this service was noted. However, 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. 3. There is no evidence of record showing he completed 90 or more continuous days of active duty service in 2006. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2