IN THE CASE OF: BOARD DATE: 4 October 2022 DOCKET NUMBER: AR20220008944 APPLICANT REQUESTS: issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) and an honorable discharge for his U.S. Army Reserve service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document) * DD Form 597 (Army Senior Reserve Officers’ Training Corps Student Contract) * Military Training Certificate 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 served honorably from the date of his enlistment, 20 August 1981 until 31 May 1983 when he was discharged due to the fact that he did not graduate on time from college and had not completed Advanced Camp. Since he was unable to commission, he was discharged. He feels that his service, however short, should be recognized with more than just a memorandum. He was willing to serve, signed a contract and served for nearly two years until the Army decided that his services were no longer required. He feels that he should have received a DD Form 214 in acknowledgment of his service. He neither wants nor needs any benefits other than that acknowledgment. While it may not be relevant to his military service, he would like to add that following graduation from VMI, he went to work as a Department of the Army Civilian with the Corps of Engineers. He served in various capacities with the Corps and retired as a GS-14 Supervisory Electrical Engineer after 31 years. He deployed in Operation Desert Shield, Operation Iraqi Freedom and Operation Enduring Freedom (OEF) as an electrical engineer over the course of those years. For three years during OEF, he was the only civilian member and only Registered Electrical Engineer to serve on the Task Force PO\NER Electrical Board. In short, he would like to think that his honorable service before his discharge and his lifetime of subsequent service to the Army and to the nation warrants favorable consideration. 3. Review of the applicant’s service records a. He enlisted in the U.S. Army Reserve on 3 March 1982 as an ROTC cadet. In connection of this enlistment, he signed a DA Form 597, Army Senior ROTC Student Contract. He acknowledged/understood: * persons who become members of an armed force incur by law a military obligation of six years, unless previously satisfied or sooner discharged by proper authority * enrollment in the ROTC does not commit the Army to his continuance in the program or appointment as an officer; such appointment will be dependent upon meeting requirements for appointment as established by law or regulation * military obligation will be satisfied by active duty in the military service of the United States, or by participation in a troop program unit of a Reserve component of the United States Army, or by a combination thereof, as determined by the Army b. The complete facts and circumstances surrounding his disenrollment are not available for review. c. Order Number 27-1, issued by First ROTC Region Instructor Group, Virginia Military Institute, Lexington, VA on 31 May 1983, ordered him discharged from the U.S. Army Reserve (ROTC) (Standby), effective 31 May 1983. d. There is no evidence in the available records, and he provides none to show he completed a period of active that would have warranted the issuance of a DD Form 214. 4. By regulation (AR 635-5), the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). A DD Form 214 is issued to members of the USAR and ARNG after completing 90 days or more of continuous active duty for training, full time training duty, or active duty support. An Honorable Discharge Certificate is issued upon completion of military service obligations. 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 DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). A DD Form 214 is issued to members of the USAR and ARNG after completing 90 days or more of continuous active duty for training, full time training duty, or active duty support. An Honorable Discharge Certificate is issued upon completion of military service obligations. There is no evidence the applicant competed 90 days or more of continuous active service or that he completed his military service obligations for issuance of an Honorable Discharge Certificate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING ME: GT: SM: 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) 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 (emphasis added). 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008944 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1