IN THE CASE OF: BOARD DATE: 9 July 2021 DOCKET NUMBER: AR20210009379 APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a separation date of 8 June 1999 and to show all awards he earned during his Army National Guard (ARNG) and U.S. Army Reserve (USAR) service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period 5 February to 10 May 1991 * initial active duty for training (IADT) orders * ARNG and USAR discharge orders * DA Form 638 (Recommendation for Award), undated * DA Form 638, dated 19 June 1995 * AAM Certificate, dated 9 September 1995 * AAM Certificate, dated 7 September 1996 * memorandum, subject: Recommendation for Award of the Driver Badge, dated 7 September 1996 * 12 pages of miscellaneous military personnel records FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (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 only received one DD Form 214 since completing basic combat training which was never updated. He contends he was awarded two awards of the Army Achievement Medal (AAM) and the Drivers Badge. 3. The applicant enlisted in the ARNG on 16 January 1991. 4. The applicant's DD Form 214 shows he entered IADT on 5 February 1991 and that he was released from IADT on 10 May 1991. His DD Form 214 also shows he was awarded the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar * Army Service Ribbon 5. The applicant's National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he was discharged from the ARNG and transferred to the USAR on 15 January 1994. 6. AAM Certificates show the applicant was awarded the AAM on 9 September 1995 and on 7 September 1996 7. A memorandum, subject: Recommendation for Award of the Driver Badge, dated 7 September 1996, shows the applicant was recommended for the Drivers Badge for service during the period January – September 1996. 8. The applicant was discharged from the USAR on 8 June 1999. 9. There is no evidence in the applicant's available records indicating he performed continuous active duty service in excess of 90 days after his release from IADT on 10 May 1991. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record and provided shows the requested additions were awarded for periods after the ending periods of the separation documents. The applicant is advised, the DD Form 214 and NGB 22 shows the circumstances that existed at the time forms were created. The Board determined there is insufficient evidence to grant relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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): Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is authorized for honorable active service during the period 2 August 1990 to 30 November 1995. This award is not shown on the applicant's DD Form 214. REFERENCES: 1. Title 10, United States Code, 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 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), in effect at the time of the applicant's released from IADT, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. b. A DD Form 214 will be prepared for USAR and ARNG personnel after completing 90 days or more of continuous active duty or after completing IADT which resulted in the award of a military occupational specialty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009379 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1