ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 October 2019 DOCKET NUMBER: AR20180006720 APPLICANT REQUESTS: * in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add all his periods of active duty service * to appear before the Board in Washington D.C. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * joint services transcript * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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, in effect, his DD Form 214 does not show his active duty time or his reserve time. His service records contain errors, due to not having his reserves time annotated for the period 18 August 1988 through 29 June 1989. 3. The applicant provides a copy of his joint services transcript, which shows his military courses and a copy of his DD Form 214 for the period ending 22 October 1999. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 30 June 1989 for four years. b. The applicant’s record is void of any further service records in support of his active duty periods of service for the Board to review. c. A copy of a Department of Veterans Affairs (DVA) letter, dated 6 March 2018, which shows the applicant was discharged from the United States Armed Forces having served two periods from 18 August 1988 and released from active duty on 23 December 1988 with an honorable character of service. His second period of service in the Army was from 30 June 1989 to 22 October 1999. He discharged with an “other than honorable,” character of service. d. His DD Form 214, which shows he was discharged on 22 October 1999 with a bad conduct discharge. It also shows he completed 6 years, 9 months and 21 days of net active service this period with 4 months and 6 days of total prior active service and 3 years, 8 months and 17 days of foreign service. He was awarded or authorized the: * Good Conduct Medal * Army Achievement Medal * National Defense Service Medal * Army Service Ribbon * Driver Badge * Parachutist Badge * Expert Field Medal Badge * Air Assault Badge 5. By regulation: a. Army Regulation 635-5 (Separation Documents), states, a DD Form 214 will be prepared for all personnel, including members of the USAR after completing 90 days or more of continuous on active duty for training, full-time training duty, or active duty support. b. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that it could reach a fair and equitable decision in the case without a personal appearance by the applicant. Additionally, based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the information currently reflected on the applicant’s DD Form 214 accurately depicted his military service. The Board found no additional military service of the applicant after his separation from active duty. However, the Board did wish to inform the applicant that a DD Form 214 is only used to reflect active duty service and that reserve duty is only captured through discharge orders, so if there was additional service he did perform, it would not be reflected on a 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) 15-185 (ABCMR) states 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. 3. Army Regulation (AR) 15-185 (ABCMR), the regulation under which this Board operations, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. 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. 4. Army Regulation 635-8 (Separation Processing Documents) in effect at that time, provides that the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty for a time period such as when enlisting, reenlisting, separating, and retiring. Each DD Form 214 continued from the previous DD Form 214 with consecutive dates from 11c. (Effective date (of discharge) to Item 17c. (Date of Entry). In your case, this reflected the time when you were discharged and then immediately reenlisted. Since your request is properly reflected in your service record according to 5. Army Regulation 635-5 (Separation Documents), states a DD Form 214 will be prepared for all personnel (except as stated in b below) at the time of their retirement, discharge, or release from the Active Army. Personnel included are members of the Army National Guard and USAR who are separated after completing 90 days or more of continuous on active duty for training (ADT), full-time training duty (FTTD), or active duty support. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180006720 3 1