ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 October 2019

	DOCKET NUMBER:  AR20170013767

APPLICANT REQUESTS:  to have her record of inactive time recorded on 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)

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 there are no orders or records of her enlistment or discharge 
for the period 1993 to 1999.  Her time in the service is reflected on her retirement 
point’s history statement

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

	a. She enlisted in the Army Reserve on 1 September 1993.  

	b.  She was assigned to Headquarters and Headquarters Detachment 1138th 
Engineer Battalion, Barracks, MO.

	c.  Her service record is void of active duty for training orders for the Board to 
review.  The service record is also void of DD Forms 214 for the period 1993 to 1999 
for the Board to review.

	d.  She was honorably discharged from the Army Reserve on 31 August 1999 by 
orders issued by Headquarters, U.S. Army Reserve Personnel Command, St Louis, 
MO. 

4.  By regulation AR 635-5, (Personnel Separation- Separation Documents) the DD 
Form 214 is a summary of a soldier’s most recent period of continuous active duty. It 
provides a brief, clear-cut record of active duty service at the time of release from 
active duty, retirement, or discharge. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The applicant’s contentions were carefully considered.  A 
thorough review of her records failed to reveal a copy of her DD Form 214; and she 
did not provide one.  The DD Form 214 is necessary for the Board’s consideration.  
The ABCMR is not an investigative body and there is a presumption that what the 
Army did in her case was correct.  The applicant is advised that if no DD Form 214 
was issued, the agency to first act on the request for a separation document is U.S. 
Army Human Resources Command (HRC), Human Resources Service Center 
(AHRC-PDR-V), 1600 Spearhead Division Avenue, Department 420, Fort Knox, 
KY 40122-5402.  

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) 635-5 (Personnel Separation- Separation Documents), in 
effect at the time .states the DD Form 214 is a summary of a Soldier’s most recent 
period of continuous active duty. It provides a brief, clear-cut record of active 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.  A DD Form 214 will be prepared for each Soldier as indicated:  Active Army 
Soldiers on termination of active duty by reason of administrative separation 
(including separation by reason of retirement or expiration term of service, physical 
disability separation, or punitive discharge under the Uniform Code of Military 
Justice. Reserve component. Soldiers completing 90 days or more of continuous 
active duty for training.  


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170013767

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