ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20180014026 APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show service through 1986. She further requests a copy of her medical treatment records. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * a letter 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 requested a copy of her medical treatment records. Medical treatment records may be obtained by mailing a letter or Standard Form 180 (Request Pertaining to Military Records) to: National Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138. A copy of medical treatment records discovered in the process of this record of proceedings will be provided to the applicant; however, this may not be all- inclusive. 3. The applicant enlisted in the Army National Guard (ARNG) on 22 November 1980. 4. The applicant entered active duty for training on 28 February 1981. The applicant's DD Form 214 shows she was honorably released from active duty training on 28 May 1981 after completing 3 months and 1 day of active service. 5. The applicant was honorably separated from the ARNG on 17 May 1982. 6. The applicant enlisted in the U.S. Army Reserve (USAR) on 2 August 1982. She was honorably discharged from the USAR on 1 August 1987. 7. There is no indication that she performed any periods of active duty between the date she was released from active duty on 28 May 1981 to the date she was ultimately discharged from the USAR on 1 August 1987 that would have warranted the issuance of a DD Form 214. 8. 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, and is not intended to have any legal effect on termination of a Soldier's service. BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief. While this Board is not the appropriate agency to provide full and complete medical records, some medical treatment records were discovered in the processing of this record of proceedings; this record may not be all- inclusive. There was insufficient evidence that the applicant served on active duty between 28 May 1981 to the date she was ultimately discharged from the USAR on 1 August 1987. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X :X :X :X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that a partial medical record located during the processing of this case will be provided. Otherwise, the applicant is directed to apply to the appropriate agency per the instructions in paragraph 2 above. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting her DD Form 214 to reflect service through 1986. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. 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, and is not intended to have any legal effect on termination of a Soldier's service. 3. Army Regulation 635-5 states a DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers upon termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. Army National Guard and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and Army National Guard Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, 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); and d. RC Soldiers completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days. This includes completion of advanced individual training under the USAR Split Training Program. //NOTHING FOLLOWS//