ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 August 2019

	DOCKET NUMBER:  AR20170005426


APPLICANT REQUESTS:  His DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his annual training time and military occupational specialty (MOS) training.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 needs his DD Form 214 corrected for active duty time from reserve annual training and MOS training.  It has never been updated.  He is trying to get benefits that require all active time to be reflected.

3.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the U.S. Army Reserve (USAR) on 29 April 1983.

	b.  He was relieved from active duty for training (ADT) and issued a DD Form 214 on 9 September 1983 for completion of MOS training.  He completed 4 months and 5 days reflected in item 12c (Net Active Service This Period). 

	c.  He also reenlisted in the USAR on 1 February 1989.

	d.  On 19 March 1990, he was discharged from the USAR effective 7 January 1990.  His enlistment in the USAR on 1 February 1989 was terminated on the effective date of this order, preceding date of enlistment in the Navy Reserve.  No formal discharge will be issued by reason of this termination.

4.  By regulation, Army Regulation (AR) 635-5 (Personnel Separations-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.

	a.  Paragraph 2-1a (2) states 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, except as specified in subparagraphs (3) through (5) below.

	b.  Paragraph 2-1a (3) states RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty.  (A separation under AR 635-200, paragraph 5-11 is not considered a physical disability separation.).

	c.  Paragraph 2-1a (4) states Army National Guard(ARNG) U.S. and USAR Soldiers mobilized under sections 1230l(a), 12302, or 12304, title 10, U.S. Code and ARNG Soldiers called into federal service under chapter 15, or section 12406, title 10, U.S. Code, 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).

	d.  Paragraph 2-1a (5) states RC soldiers completing initial ADT that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days.  This includes completion of advanced individual training under ARNGUS Alternate Training Program or USAR Split Training Program.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  The applicant’s DD Form 214 already reflects his military occupational training in block 11.  However, the Board wanted to inform the applicant that the DD Form 214 is limited to reflecting only active duty breaks in service and since the applicant is a USAR Soldier and did not perform additional active duty tours, the applicant is limited to the one 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 (AR) 635-5 (Personnel Separations-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.

	a.  Paragraph 2-1a (2) states 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, except as specified in subparagraphs (3) through (5) below.

	b.  Paragraph 2-1a (3) states RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty.  (A separation under AR 635-200, paragraph 5-11 is not considered a physical disability separation).

	c.  Paragraph 2-1a (4) states Army National Guard(ARNG) U.S. and USAR Soldiers mobilized under sections 1230l(a), 12302, or 12304, title 10, U.S. Code and ARNG Soldiers called into federal service under chapter 15, or section 12406, title 10, U.S. Code, 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).

	d.  Paragraph 2-1a (5) states RC soldiers completing initial ADT that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days.  This includes completion of advanced individual training under ARNGUS Alternate Training Program or USAR Split Training Program.

ABCMR Record of Proceedings (cont)	 AR20170005426


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