IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220008648 APPLICANT REQUESTS: issuance of DD Form 214 (Certificate of Release or Discharge from Active Duty) for period of service ending on 27 July 1993. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 11 May 2022 * DD Form 214, 27 June 1986 * Discharge Orders D-07-360802, U.S. Army Reserve Personnel Center, 27 July 1993 * DA Form 4/1 and 4/2 (Enlistment Document), 25 July 1985 * DA Form 2-1 (Personnel Qualification Record), 1 February 1986 * Chronological Statement of Retirement Points, 6 September 1987 to 8 December 1990 * Forms W-2 (Wage and Tax Statement), 1985 to 1991 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, in effect, that he requests issuance of DD Form 214 for service ending on 27 July 1993 as he is nearing retirement with 26 years of service with the federal government as a law enforcement officer. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 25 July 1985. He was ordered to Active Duty Training (ADT), where he completed Basic Combat Training (BCT) and Advanced Individual Training (AIT) on 18 February 1986. 4. The applicant’s DD Form 214 states that he was released from ADT on 27 June 1986, with an Entry Level Status characterization of service. He completed 4 months and 10 days of active service. 5. The applicant served in the USAR in an inactive status until he was honorably discharged on 27 July 1993. 6. There is no indication he performed any periods of active duty between the date he was released from ADT (27 June 1986) to the date he was ultimately discharged from the USAR (27 July 1993) that would have warranted the issuance of a DD Form 214. 7. 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. BOARD DISCUSSION: 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 shows the applicant enlisted in the U.S. Army Reserve (USAR) on 25 July 1985 and he was honorably discharged from the USAR on 27 July 1993. During this USAR period of enlistment, he entered active duty or training (ADT) on 8 February 1986 and was released from ADT on 27 June 1986, completing 4 months and 10 days of active service. He was issued a DD Form 214 that captured his only period of active service. There is no indication he performed any periods of active duty between the date he was released from ADT (27 June 1986) to the date he was ultimately discharged from the USAR (27 July 1993) that would have warranted the issuance of a DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. ? 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: 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 NOTES: 1. Current guidance states Reserve Component Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days will receive a character of service of Honorable unless directed otherwise by the separation approval authority. 2. Amend the character of service shown on the applicant’s DD Form 214 for the period 8 February 1986 to 27 June 1986, from Entry Level Status to Honorable. REFERENCES: 1. Title 10, U.S. 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 at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 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 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 United States Alternate Training Program or USAR Split Training Program. 2. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. Specifically, it references instruction related to the preparation of the DD Form 214. 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. a. Paragraph 5-1f states that a DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program). b. Paragraph 5-6 states: "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008648 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1