ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  17 October 2019

	DOCKET NUMBER:  AR20180004042


APPLICANT REQUESTS:  her DD Form 214 (Certificate of Release or Discharge 
from Active Duty) capture her full military time in the U.S. Army Reserves (USAR) 
from 1980-1998.

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 when she received her DD Form 214 it only included 2 
months of military service which she believes to be incorrect because she was in the 
service from 1980-1998.  She would like her time in the USAR and her active duty 
time (ADT) combined to complete her record for full benefits.  She is requesting a 
copy of all her records to include her medical records, tours of ADT, and any other 
records or the information to obtain a copy of her records.

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

   a.  She enlisted in the USAR on 30 September 1980.  She entered active duty for 
training (ADT) on 13 March 1981.

   b.  She was honorably released from ADT on 12 June 1981.  Her DD Form 214 
shows she completed 3 months of active service with 5 months and 14 days of prior 
inactive service.

   c.  Her Personnel Qualification Record shows:

*	30 September 1980 to 17 July 1982 – (22 mos) USAR Svc not on AD
*	18 July 1982 to 31 March 1986 – (44 mos) USAR Svc not on AD
*	the remaining seven entries from 1 April 1986 to 1 November 1991 – 
USAR Ready

   d.  Orders D-06-840030, dated 16 June 1998, indicated the applicant was 
honorably discharged from the USAR with an effective date of 16 June 1998.

4.  By regulation (AR 15-185), 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.  

5.  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:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The DD Form 214 is a record of active service.  The applicant’s 
service in the USAR is inactive service and not appropriate for including on a DD 
Form 214.  Based upon the applicant’s record showing no active duty service other 
than basic training and AIT, the Board determined there is no evidence of an error or 
injustice which would warrant a correction to the applicant’s record.

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.  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.  

3.  Army Regulation 635-5 (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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180004042

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