ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: AR20190007453 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect retired rather than discharged. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 that he spent 20 years in the military and his records reflect discharged rather than retired. He further states that he completed active duty in 1984 prior to being transferred into the Army Reserve for 10 years. 3. The applicant provides a DD Form 214 dated 1 October 1982 reflecting that he was released from active duty under Chapter 4 of Army Regulation (AR) 635-200 (Enlisted Separations) for completion of his required service. 4. A review of the applicant’s service records shows the following on: * 4 October 1978 – he enlisted in the Army * 2 July 1982 – a bar to reenlistment was approved * 1 October 1982 (Order #167-41) – he was transferred into the Reserve Control Group (Reinforcement); credited with 2 years 11 months and 28 days of active service * 23 June 1983 (Order #C-07-013875) – he was transferred into the Army Reserve * 12 August 1993 (Order #102-016) – he was transferred back into the Reserve Control Group (Reinforcement) for unsatisfactory participation in the Army Reserve * 20 October 1998 (Order #D-10-868140) – he was discharged from the military 5. DA Form 249-2-E (Chronological Statement of Retirement Points) dated 9 January 1993 reflects that the applicant has a total of 8 years, 11 months and 29 days of total qualifying years of service (towards retirement). 6. The applicant’s service records are void of any documentation crediting 20 years of service. 7. AR 635-200 paragraph 4-2 (Discharge or release from the Active Army upon termination of enlistment and other periods of active duty) states that a member enlisted or ordered to active duty normally will be discharged or released from active duty on the date he or she completes the period for which enlisted or ordered to active duty. 8. AR 635-5 (Personnel Separations) table 2-1 states that Item 23 (Type of Separation) on the DD Form 214 will be one of the terms listed below for enlisted personnel: * release from active duty * discharge * retirement * separation and order to additional active duty * relief from ADT * release from custody and control of the Army * relief from ADT and discharge from the Reserve of the Army 9. Paragraph 16-5 (Early separation of personnel denied reenlistment) states that enlisted personnel may be discharged before expiration term of service (ETS) by commanders when they have received a Headquarters Department of the Army or a locally imposed bar to reenlistment. 10 AR 635-5-1 (Separation Program Designators) defines the separation code reflected on the applicants DD Form 214 at the time of separation (LBK) as “expiration term of service.” BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s service record, his Bar to reenlistment and release from active duty and his Chronological Statement of Retirement Points (USAR). The Board found no evidence, and the applicant provided none, to show that the applicant had completed the required service to be eligible for retirement. The Board determined there was insufficient evidence to make the requested correction to the applicant’s records; there is no evidence of error or injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. X 7/18/2019 CHAIRPERSON 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. AR 635-200 paragraph 4-2 (Discharge or release from the Active Army upon termination of enlistment and other periods of active duty) states that a member enlisted or ordered to active duty normally will be discharged or released from active duty on the date he or she completes the period for which enlisted or ordered to active duty. 3. AR 635-5 (Personnel Separations) table 2-1 states that Item 23 (Type of Separation) on the DD Form 214 will be one of the terms listed below for enlisted personnel: * release from active duty * discharge * retirement * separation and order to additional active duty * relief from ADT * release from custody and control of the Army * relief from ADT and discharge from the Reserve of the Army 4. Paragraph 16-5 (Early separation of personnel denied reenlistment) states that enlisted personnel may be discharged before expiration term of service (ETS) by commanders when they have received a Headquarters Department of the Army or a locally imposed bar to reenlistment. * DA imposed bars to reenlistment * Locally imposed bars to reenlistment * 5 AR 635-5-1 (Separation Program Designators) defines the separation code reflected on the applicants DD Form 214 at the time of separation (LBK) as “expiration term of service”.