ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  10 May 2019

	DOCKET NUMBER:  AR20180016421


APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Report of Separation from Active Duty), for the period ending 1 February 1979 to show her missing character of service. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* NGB Form 22 (Report of Separation and Record of Service)
* Memorandum from Headquarters, 81st United States Army Reserve Command, dated 30 January 1987 
* DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 26 February 1988
* DA Form 33286-61/1-3 (Statement of Understanding), dated 26 February 1988
* Memorandum from 437th Medical Detachment, dated 25 March 1989
* DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 3 May 1981
* DA Form 21 (Personnel Qualification Record – USAR), dated 13 October 1985 with auxiliary document
* DD Form 256A (Honorable Discharge Certificate), dated 19 November 1990
* Letter from Applicant to Headquarters, 81st Regional Support Command, dated 30 March 2009
* Photocopies of driver license, military identification card, and social security card

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 states, in effect, that she should like her DD Form 214 corrected in order to receive medical care.

3.  The applicant enlisted in the Florida Army National Guard (FLARNG) on 30 June 1978.  It appears she was ordered to active duty training for military occupational specialty (MOS) training on 10 September 1978.   

4.  The applicant was released from active duty and transferred to her troop program unit – Headquarters and Headquarters Company, 50th Areas Support Group, Jacksonville, FL on 1 February 1979.  Her DD Form 214 shows she was awarded MOS 63B (Wheel Vehicle Mechanic) and completed four months and 22 days of total active service.  It also shows in: 

     a.  Item 9a (Type of Separation), the entry "Relief from Active Duty Training."

     b.  Item 9b (Station or Installation at Which Effected), the entry "Fort Jackson, South Carolina 29207."

     c.  Item 9c (Authority and Reason), contains dashes only.

     d.  Item 9e (Character of Service), the entry "Relief from Active Duty Training."

5.  A review of the applicant's record contains no negative conduct or efficiency information or derogatory documents.  

6.  The applicant provides numerous documents from her military personnel file that occurred after her period of active duty service.

7.  Army Regulation 635-5 (Separation Documents), dated 15 July 1978, states for item 9e to enter in all capital letters, Honorable, Under Honorable Conditions, To Be Determined, or Not Applicable (for release from custody of the Army due to voidance of fraudulent enlistments.) 















BOARD DISCUSSION:

1.  The Board reviewed the application and the documents available in the applicant’s record.  The Board determined that the evidence shows she was awarded an MOS as a result of her active duty period of service and her record contains no negative conduct or efficiency information or derogatory documents. 

2. After reviewing the application and all supporting documents, the Board found the relief was warranted.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing DD Form 214 to show an Honorable character of service for the period of service ending 1 February 1979. 
  


	 
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), dated 15 July 1978, prescribes the separation documents that will be furnished to each individual who is separated from the Army, including active duty for training personnel, and establish standardized procedures for the preparation and distribution of these documents.  Section II provides the instruction for the preparation of the DD Form 214.  It states for item 9e (Character of Service) to enter in all capital letters, Honorable, Under Honorable Conditions, To Be Determined, or Not Applicable (for release from custody of the Army due to voidance of fraudulent enlistments.) 



ABCMR Record of Proceedings (cont)	 AR20180016421
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