ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  18 September 2019

	DOCKET NUMBER:  AR20170004977


APPLICANT REQUESTS: her U.S. Army Reserve (USAR) time added to her 
DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Discharge Certificate

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, she signed an 8 year contract agreement for active duty 
service and fulfilled the agreement and received a certificate of discharge dated 
21 May 1996.  She stated that her DD FM 214 does not reflect her Army Reserve 
discharge dates and periods of service with 302nd MP Company, Fort Worth, TX or the 
Medical Detachment Unit in Mesquite, TX.  She wants it corrected for employment and 
education purposes or reasons that may reflect benefits that she may be entitled too.

3.  The applicant provides an honorable discharge certificate dated 21 May 1996 
reflected that she was honorably discharged from the U.S. Army.  It reflects her name, 
rank and USAR.

4.  The applicant’s service record shows:

   a.	She enlisted in Regular Army on 9 August 2009. 
	b.  She completed training and held military occupational specialty 16D (Hawk 
Missile Crewmember).

  c.	She was honorably released from active duty on 8 August 1992 for expiration 
term of service and completed 4 years of active service.  She was transferred to the 
565 Medical Detachment, USAR, Mesquite, TX. 
  
	d.  Orders 7-1 dated 29 January 1993 reflect that effective on 23 January 1993, she 
was reassigned to 302nd Military Police Company, Fort Worth, TX.

e.	Orders 021-012 dated 25 February 1995 reflect that effective on
14 September 1994 she was assigned to the USAR Control Group.

	f.  Orders D-05-647118 dated 21 May 1996 honorably discharged her from the 
USAR effective on 21 May 1996.  

5.  By regulation (AR 635-5), the DD Form 214 is a summary of a Soldier's most recent 
period of continuous active service.  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. 

6.  By regulation (AR 635-5) Reserve time is not listed on the DD Form 214 because it 
is not active service.  There is no evidence in her records and she provides none to 
show she completed another period of active duty service of at least 90 days in duration 
that would have required the issuance of a separate DD Form 214.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows the period requested as an addition to the DD Form 214 occurred after 
the period covered by the form.  The Board wished to inform the applicant that service 
time indicated on a DD Form 214 is limited to that of active duty only; USAR service 
time is not reflected.  The Board agreed there was no error or injustice in this case as 
the service was not performed before or during the period covered by the DD Form 214.

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 635-5 (Separation Documents) establishes the standardized policy 
for preparing and distributing the DD Form 214.  The purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service.  The DD Form 214 is a summary of a Soldier's most recent period of 
continuous active duty (emphasis added).  It provides a brief, clear-cut record of active 
duty service at the time of release from active duty, retirement, or discharge, and is not 
intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 
will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative 
separation (including separation by reason of retirement or expiration of term of 
service), physical disability separation, or punitive discharge under the Uniform Code of 
Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous 
ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of 
active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or 
physical disability regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, 
U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal 
service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of 
mobilization, when transitioned from active duty.  A Soldier who reports to a 
mobilization station and is found unqualified for active duty will be excluded from this 
provision.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even 
when the active duty period was less than 90 days.  This includes completion of 
advanced individual training under the ARNG of the United States Alternate Training 
Program or USAR Split Training Program.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170004977

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