ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  5 June 2019

	DOCKET NUMBER:  AR20170003826


APPLICANT REQUESTS: in effect, the issuance of a DD 214 (Certificate of Release or Discharge from Active Duty) to capture his active duty service and awards during Hurricane Andrew.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Department of Veterans Affairs (VA) Documents, dated November 16, 2016

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 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 wants his military record to show his active duty service during Hurricane Andrew.  He also stated that his military records reflect his active duty service medal but is not properly documented for his active duty service for which he earned the medal.  

3.  The applicant provides correspondence with the Department of Veterans Affairs requesting health benefits. 

4.  Review of the applicant’s service records shows: 

	a.  He enlisted in the U.S. Army Reserve on 8 July 1988.   

	b.  He served 43 days on active duty service between 8 July 1992 and 7 July 1993, during Hurricane Andrew.  

	c.  He was awarded a Humanitarian Service Medal on 25 October 1993, for his direct support during Hurricane Andrew Disaster Relief Operation in Florida, during the period of 23 August 1992 to 8 October 1992.
   d.  He was honorably released from the National Guard of Louisiana on 7 July 1996  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he completed 7 years and 8 days of net service with 11 months and 22 days of prior reserve component service.  It also shows he was awarded or authorized:
   
* Army Service Ribbon
* National Defense Service Medal
* Army Reserve Components Overseas Training Ribbon
* Army Reserve Component Achievement Medal
* Humanitarian Service Medal 
* Louisiana Emergency Service Medal. 

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 released from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  Except as provided in paragraph 5–2, a DD Form 214 will be prepared for Soldiers completing 90 days or more days of continuous active duty.  For example, such periods may consist of active duty operation support (ADOS), contingency operations-ADOS, ADOS-Reserve Component (RC), Active Guard Reserve (AGR), or full-time National Guard duty for operational support.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary review of those submitted by the applicant and found within the military service record, The Board agreed the record is already correct; there was a lack of evidence to show that additional awards were missing.  

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



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.
	 
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 Army Board for Correction of Military Records (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 635-8 (Separation Processing and 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 DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Except as provided in paragraph 5–2, a DD Form 214 will be prepared for Soldiers completing 90 days or more days of continuous active duty. For example, such periods may consist of active duty operation support (ADOS), contingency operations-ADOS, ADOS-Reserve Component (RC), Active Guard Reserve (AGR), or full-time National Guard duty for operational support.

3.  AR 15-185 (ABCMR) 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, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  



ABCMR Record of Proceedings (cont)	 				AR20170003826



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