ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20170001608


APPLICANT REQUESTS:  a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his Honorable Discharge Certificate.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Orders D-11-396520 dated 30 November 1993

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he never received a discharge certificate or a DD Form 214.  He requested a copy of his records from St. Louis, MO and there was no DD Form 214 in his records for his 30 November 1993 honorable discharge, as stated in the letter he provided.

3.  The applicant provides Orders D-11-396520, dated 30 November 1993, which states he was honorably discharged from the U.S. Army Reserve (USAR) with an effective date of 30 November 1993.  A note on the bottom of the document states the discharge certificate and discharge orders were mailed to the last known address on 14 December 1993.

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Georgia Army National Guard (GAARNG) on 22 November 1985.  He entered active duty for the purpose of completing Initial Entry Training (IET) on 26 July 1986.

	b.  He was released from active duty on 18 December 1986.  His DD Form 214 shows he completed IET, and obtain 4 months and 21 days of active service.  It also shows in Block 24 (Character of Service) he received an entry level status characterization of discharge.

	c.  His NGB Form 22 (Report of Separation and Record of Service) shows he was released from the GAARNG on 11 April 1989.  He completed 3 years, 4 months, and 21 days of service.  It also shows in Blocks 23 (Authority and Reason) and 24 (Character of Service) he received an uncharacterized characterization of service for unsatisfactory participation.

	d.  On 30 November 1993, he was honorably discharged from the USAR.  Orders D-11-396520 also noted that although the applicant was assigned to the organization, he was not present for duty and his discharge documents would be mailed.

5.  By regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted.  The applicant’s contentions were carefully considered.  He completed a period of active duty while conducting initial entry training (IET).  He was awarded a MOS at the completion of IET and was transferred back to the ARNG.  Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority.  Based upon regulatory guidance, the Board agreed the DD Form 214 should show his character of service as Honorable.  

The applicant was honorably discharged from the Individual Ready Reserve on 30 November 1993.  His separation orders show the discharge certificate and discharge orders were mailed to his last known address on 14 December 1993.  The Board provides relief to make record corrections, not replace missing documents.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 reissuing him a DD Form 214 for the period ending 18 December 1986 showing his character of service as Honorable.

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 issuing him a replacement discharge certificate.

	 
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170001608


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