ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  8 October 2019

	DOCKET NUMBER:  AR20180009263


APPLICANT REQUESTS:  a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his discharge from the U.S. Army Reserve.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 256A (Honorable Discharge Certificate)
* U.S. Army Administration Center (USAAC) Form 825 (Discharge from the U.S. Army Reserve)

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 he never received his DD Form 214, only a USAAC form and a DD Form 256A.  He is requesting a copy of the DD Form 214.

3.  The applicant provides:

	a.  An Honorable Discharge Certificate that indicated the applicant was discharged on 30 November 1966.

	b.  A letter on USAAC Form 825, dated 26 November 1966, which states by the Secretary of the Army, the applicant was discharged from the U.S. Army Reserve on 30 November 1966.

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

a. He enlisted in the U.S. Army Reserve on 22 December 1960.

   b.  Letter Order USAR 1221, dated 16 February 1961, ordered the applicant to active duty for training for a period of six months with an effective date of 26 February 1961.  The applicant entered active duty on 26 February 1961.

   c.  On 25 August 1961, he was honorably released from active duty.  His DD Form 214 shows he completed 6 months of active service with 2 months and 4 days of other service time.  

	d.  There is no evidence he completed any other period of continuous active service that warranted the issuance of a separate DD Form 214.

5.  By regulation, 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 determined relief was not warranted.  The applicant was not on active duty, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  Based on the regulatory guidance concerning the use of DD Form 214s, the Board voted to deny relief.

   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 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)	 AR20180009263


3


1