IN THE CASE OF: BOARD DATE: 13 July 2022 DOCKET NUMBER: AR20210017585 APPLICANT REQUESTS: a change to his separation date from 11 March 1991 to 10 September 1991. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 7 August 2021 * DD Form 215 (Correction to DD Form 214), for the period ending 11 March 1991 * letter, United States Army Reserve Personnel Center, subject: Review of Records, undated * Order Number M-12-100687, 20 January 1991 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 his separation date was incorrect on his DD Form 215 (Correction to DD Form 214). In January 1992, he requested a correction to his separation date. He thought the correction was made, but realized it was not, when he received a copy of his DD Form 214 from the Veterans of Foreign Wars. 3. The applicant provides: a. His DD Form 215, issued on 3 January 1992, for the period ending, 11 March 1991, which shows in item 25 (Separation Authority) - Army Regulation 635-200 (Personnel Separations), chapter 4. b. A letter, undated, issued by the United States Army Reserve Personnel Center, subject: Review of Records, which shows, in part, a DD Form 215 was created, and a DA Form 1577 (Authorization for issuance of Awards) was created to issue [applicants] authorized awards. c. Order Number M-12-100687, 20 January 1991, which shows, in part, [applicant] was ordered to active duty; not to exceed 12 consecutive months. 4. A review of the applicant's service record shows: a. He enlisted in the VA Army National Guard Bureau (VAARNG) on 15 December 1986. b. He was discharged from the VAARNG on 22 June 1990. His Army National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows, in: * item 18 (Remarks) - [applicant] assigned to U.S. Army Reserve (USAR) Control Group for (Annual Training) for completion of statutory obligation * item 23 (Authority and Reason) – paragraph 8-27g, National Guard Regulation 600-200 (Enlisted Personnel Management) Unsatisfactory Participant * item 24 (Character of Service) - General c. On 21 January 1991, he entered active duty. d. Orders 045-214, issued by Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, 14 February 1991, shows, in part, the applicant, was mobilized for training on or about 14 February 1991. e. Orders Number 068-171, issued by Headquarters, U.S. Army Infantry Center, 8 March 1991, shows, in part, [applicant] was released from active duty, effective 11 March 1991. f. His DD Form 214 shows he was released from active duty on 11 March 1991 and he completed 1 month and 11 days of active service. g. His DD Form 215 issued on 3 January 1992 for the period ending 11 March 1991 shows, in: * item 7a, Fort Drum NY * item 8b, Fort Benning, GA 31905-5010 * item 12d, 000306 * item 12e, 031010 * item 12h, 900501 * item 13 “added”//Expert Marksmanship Qualification Badge with Rifle Bar (M- 16)// Expert Marksmanship Qualification Badge with Grenade Bar * item 17, NO * item 18, item 12d above does not account for active duty for training this soldier may have prior to date entered in item 12a. //Ordered to active duty in support of Operation Desert Shield/Storm in accordance with 10 USC 673. //Individual completed period for which ordered to active duty for purpose of post service benefits and entitlements. //Subject to active duty recall and/or annual screening. // * item 25 (Separation Authority), Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4 h. Orders Number C-05-521245, issued by U.S. Army Reserve Personnel Center, dated 11 May 1995 shows, in part, the applicant was released from USAR Control Group (Annual Training), and assigned to USAR (Reinforcement), with an effective date of 11 May 1995. 5. There is no evidence in his records and he provides none to show he performed any other period of service that warranted the issuance of another DD Form 215. 6. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. Block 12b, self-explanatory. 7. By regulation (AR 635-200), a member enlisted or ordered to active duty normally will be discharged or released from active duty on the date he or she completed the period for which enlisted or ordered to active duty. The actual date of release or discharge will be recorded in item 12b, DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice at the time of his military service. The Board agreed that the burden of proof rest with the applicant; however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant’s request. Therefore, the Board determined the overall merits of this case are insufficient as a basis for an additional correction of the records of the individual concerned. ? 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. 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 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 then, and Army Regulation 635-8 (Separation Processing and Documents), currently in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the U.S. Alternate Training Program or USAR Split Training Program. 3. Army Regulation (AR) 635-5 (Separation Documents) and AR 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. Block 12b, self-explanatory. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017585 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1