ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  16 September 2019

	DOCKET NUMBER:  AR20190010400


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to reflect the time that she spent in the active Reserve.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

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 she served for 3 years on active duty in the Army Reserve 
that is not reflected on her DD Form 214.  She further states that she accepted the early 
release offered in 1992 due to the downsizing of the military and was subsequently 
placed on the active Reserve list of which should be reflected on her DD Form 214 
equating to 11.5 years rather than the 8.5 years currently being reflected.  

3.  The applicant does not provide nor does a review of her records reflect service on 
active duty beyond 30 April 1992 within any component of the Army. 

4.  A review of the applicant’s service record reflects the following on: 

*	24 October 1983 – she enlisted in the active component of the Army after serving 
5 days in the Army Reserve under the Delayed Entry Program
*	4 January 1988 (Memorandum for Record : Correction of Military Records)– she 
reenlisted for 6 years
*	23 January 1992 – she requested separation under the Enlisted Voluntary 
Incentive Program
*	28 February 1992 – she accepted the dual component enlistment option for 3 
years as a contingent of her early separation from active duty 
*	30 April 1992 (Order# 34-40)– she was released from active duty after serving 8 
years, 6 months and 7 days under the Voluntary Early Transition Program and 
transferred into the Army Reserve Control Group (Reinforcement); received 
Special Separation Bonus (SSB) 
*	1 May 1992 – she signed a 3 year enlistment contract in the Army Reserve 
*	2 May 1995 (Order# D-05-538171) – she was honorably discharged from the 
Army Reserve Control Group (Reinforcement) 

5.  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.
6.  AR 635-5 (Personnel Separations) states that DD Form 214 is a summary of a 
Soldiers most recent period of continuous active duty.  A DD Form 214 will be prepared 
for each Reserve component Soldier completing 90 days or more of continuous active 
duty for training. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, her record of 
service, her voluntary request and the reason for her separation, the periods of active 
duty reflected on her DD Form 214 and the unit of assignment (Army Reserve Control 
Group Reinforcement- IRR) following her separation from active duty.  The Board 
considered the criteria for inclusion of service on DD Forms 214 and found insufficient 
evidence of the applicant serving any additional periods of continuous active duty for 90 
days or more after the separation date shown on her DD Form 214.  Based on a 
preponderance of evidence, the Board determined that the active duty reflected on the 
applicant’s DD Form 214 was not in error or unjust.   

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.
 


	  
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 (AR) 635-5 (Personnel Separations) states that DD Form 214 is a 
summary of a Soldiers most recent period of continuous active duty.  A DD Form 214 
will be prepared for each Reserve component Soldier completing 90 days or more of 
continuous active duty for training

ABCMR Record of Proceedings (cont)	 AR20190010400

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