IN THE CASE OF: 

		BOARD DATE: 11 April 2023

		DOCKET NUMBER: AR20220008801


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show:

*	his Army Reserve time 
*	honorable discharge vice entry level status
*	his discharge date to reflect 2 November 1993

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	DA Form 5016 (Chronological Statement of Retirement Points)
*	Orders D-11-390354, 2 November 1993
*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)

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 he received his DD Form 214 and DA Form 5016. Both forms 
do not list his honorable discharge date of 2 November 1993 as evidenced on DARP-
PAT-R(N1) / Orders D-11-390354. Until this is resolved and updated, he is not able to 
qualify for Veterans Affairs mortgage benefits.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 1 November 1985. He 
held military occupational specialty 13B (Cannon Crewmember).

4.  Orders 221-23, issued by Milwaukee Military Entrance Processing Stations, 
Milwaukee, WI, on 1 November 1985, show he was ordered to initial active duty training 
(IADT) on 12 June 1986, for nearly 8 weeks or completion of initial “split training.”
5.  He entered a period of active duty on 9 June 1987. He completed training and was 
awarded military occupational specialty 13B, Cannon Crewmember. He was released 
from active duty on 17 July 1987 after expiration term of service. His DD Form 214 
shows he completed 1 month and 9 days net active service this period. Also, his total 
prior active service was 2 months and 19 days. His DD Form 214 also shows his 
character of service as entry level status.

6.  Chronological Statement of Retirement Points, 11 March 1991, shows from 
1 November 1985 – 31 October 1990, the applicant had 4 years qualifying for 
retirement. He also had 5 years, 4 months, and 10 days of total service qualifying and 
nonqualifying for longevity pay purposes.

7.  Orders 151-021, issued by Headquarters, 86th U.S. Army Reserve Command, 
Forest Park IL, on 11 December 1992, shows the applicant was released from current 
assignment due to completion of contract agreement and assigned to USAR Control 
Group (Reinforcement) on 1 November 1992.

8.  Orders D-11-390354, issued by USAR Personnel Center, St. Louis, MO, on 
2 November 1993, shows he was honorably discharged from the USAR on 2 November 
1993 under the provisions of AR 135-178 (Separation of Enlisted Personnel).

9.  The applicant provides DA Form 5016, 11 September 2020, with no information 
showing.

10.  AR 635-5, the DD Form 214 is a summary of a Soldier's most recent period of 
continuous active duty. A DD Form 214 will be prepared for each Reserve Component 
(RC) Soldiers completing 90 days or more of continuous active-duty training (ADT).

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was partially warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.

	a.  The evidence of record shows the applicant completed a period of active duty 
while conducting initial entry training (IET). He was awarded an MOS at the completion 
of IET and was transferred back to the USAR or the ARNG. AR 635-200 provides that 
when a RC Soldier successfully completes IADT, the character of service is Honorable 
unless directed otherwise by the separation authority. Based upon regulatory guidance, 
the Board agreed the DD Form 214 should show the applicant's character of service as 
Honorable.

	b.  The evidence of record shows he enlisted in the USAR on 1 November 1985 for 
8 years and he was honorably discharged from the USAR on 2 November 1993. The 
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. 
A DD Form 214 will be prepared for each RC Soldiers completing 90 days or more of 
continuous active-duty training (ADT). Aside from his DD Form 214 for completing MOS 
training, there is no evidence he completed any other period of active service of 90 
continuous active duty days or more. Also, the separation date shown on his DD Form 
214 is the date he was released from active duty, not the U.S. Army Reserve. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by reissuing 
him a DD Form 214 ending 17 July 1987 showing his character of service as Honorable.

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to showing his Reserve service on the DD Form 214 or 
changing the date he was released from active duty to show 2 November 1993. 

	 
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, 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 (AR) 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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220008801


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1