IN THE CASE OF:  

		BOARD DATE:  3 September 2020

		DOCKET NUMBER:  AR20200001303


APPLICANT REQUESTS:  in effect, correction of the date of discharge listed on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his date 
of discharge from the U.S. Army Reserve (USAR).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Honorable Discharge Certificate, USAR, dated 30 April 1997
*	Leave and Earnings Statement (LES), ending 31 April 1991

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, in section 1552(b); however, the 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 was discharged from the military on 30 April 1997.

3.  The record shows the applicant enlisted in the USAR on 1 May 1989 and he incurred 
an 8-year service obligation.

4.  He completed his initial active duty training from 23 August 1989 through 22 January 
1990.  He was issued a DD Form 214 for this period, which shows in Item 6 (Reserve 
Obligation Termination Date) the entry "97  04  30."

5.  The applicant provides a copy of his LES, which shows he received basic pay for 
unit training performed from 6 April 1991 to 7 April 1991. 

6.  On 18 February 1992, the applicant's commander notified him that he had been 
declared an unsatisfactory participant and he would be transferred to the Individual 
Ready Reserve for the balance of his service obligation.

7.  His available record is void of official orders discharging him from the USAR; 
however, the applicant provides his Honorable Discharge Certificate.  This certificate 
shows he was discharged from the USAR on 30 April 1997.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated the 
DD Form 214 will be prepared at the time of retirement, discharge, or release from the 
active Army.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

2.  The Board noted that the separation date on a DD Form 214 should reflect the date 
a Soldier is separated from active duty, not the date a Soldier is discharged from an 
inactive status in the USAR.  Based on a preponderance of evidence, the Board 
determined the separation date recorded on the applicant's DD Form 214 is not an error 
or unjust.  

3.  The Board concurred with the correction addressed in Administrative Note(s) below.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

Other than the correction addressed in Administrative Note(s) below, the Board 
determined 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 
otherwise 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)

During his period of active duty service from 23 August 1989 through 22 January 1990, 
the applicant completed initial entry training and was awarded a military occupational 
specialty.  When he was released from active duty, his service was uncharacterized, 
which was in accordance with the governing regulation in effect at the time.  Army policy 
currently requires that a Reserve Component Soldier's active duty service for initial 
entry will be characterized as honorable.  As a matter of equity, reissue the applicant's 
DD Form 214 for the period referenced above to show his service was characterized as 
honorable.


REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3 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), in effect at the time, stated the 
DD Form 214 will be prepared at the time of retirement, discharge, or release from 
Active Army.  Members of the Army National Guard of the United States and U.S. Army 
Reserve will receive a DD Form 214 after completing 90 days or more of continuous 
active duty training, full-time training duty, or active duty support.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200001303


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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