ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 October 2019 DOCKET NUMBER: AR20170004499 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to capture his full length of service for his active duty obligation in 1991 and appear before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1059 (Service School Academic Evaluation Record) * Army Medical Department (AMEDD) Officer Basic Course (OBC) Certificate of Completion * DD Form 214 (x2) * Department of Veterans Affairs (VA) Letter dated 16 September 2016 * Army National Guard (ARNG) Retirement Points History Statement 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 would like his length of service for the 1991 activation changed to over 90 days. The DD Form 214 with a separation date of 21 April 1991 gives him 80 days of active duty. He noticed the error when he was being discharged and was told he would be issued a DD Form 215 (Correction of DD Form 214). He received training from 20 January 1991 to 1 February 1991 at Fort Sam Houston, TX that should have been counted. He also took accrued leave that should have been included. 3. The applicant provides: a. A DA Form 1059, dated 6 May 1991, which detailed the applicant attended AMEDD OBC from 19 January 1991 to 31 January 1991. The applicant included the certificate of completion for the course. b. Two DD Form 214: * From 1 February 1991 to 21 April 1991 and noted 2 months and 21 days of active service for the period * From 26 December 2012 to 18 April 2013 and noted 3 months and 3 days of prior active service c. A VA letter, dated 16 September 2016, detailed education benefits being provided to his dependent. A personal note on the correspondence stated the correction is important because it will impact how much his daughter receives for college. d. A ARNG Retirement Points Summary Statement, prepared on 8 August 2013, which provides a summary of the applicant’s points earned towards retirement. 4. A review of the applicant’s service record shows: a. He was appointed as a Reserve commissioned officer and executed an oath of office on 21 April 1983. b. The service record is void of orders for the period identified; however, the DA Form 1059 noted the applicant attended and completed AMEDD OBC from 19 January 1991 to 31 January 1991. His DD Form 214 shows he entered active duty on 1 February 1991. c. On 21 April 1991, he was honorably released from active duty. His DD Form 214 shows he served 2 months and 21 days of active service. It also shows in Block 18 (Remarks) - Item 12d (Total Prior Active Service) does not account for active duty training the Soldier may have attended prior to the date entered in 12a (Date Entered Active Duty this Period). 5. By regulation (AR 15-185), an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 6. By regulation (AR 635-5), 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: The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The record is absent evidence that shows he was ordered to active duty prior to 1 February 1991. The Board agreed there is insufficient evidence to grant relief. The applicant is advised that he may request reconsideration provided he locates evidence showing he was ordered to active duty prior to the contested date. 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 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 (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. a. 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. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, 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) AR20170004499 4 1