IN THE CASE OF: BOARD DATE: 17 June 2008 DOCKET NUMBER: AR20080002859 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 4 April 1967 be corrected to show the correct period he served on active duty. 2. The applicant states, in effect, that his DD Form 214 does not reflect his basic training while he was on active duty at Fort Ord, California (CA), in November 1966 or December 1966. 3. The applicant provides no additional documentation in support of this case. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Army National Guard (ARNG) on 11 January 1966 for a 6-year term of service. 3. State of California Military Department Letter Orders Number Active Duty Training 404, dated 21 November 1966, show that the applicant was ordered to active duty (basic training) and attached to the U.S. Army Training Center, Infantry at Fort Ord, CA, with a reporting date of 5 December 1966. 4. Headquarters, United States Army Transportation Center and Fort Eustis Special Orders Number 65, dated 22 March 1967, show that the applicant was released from active duty for training on 4 April 1967 after completing advanced individual training (AIT). 5. The applicant's DD Form 214 with the period ending 4 April 1967 shows he was released from active duty. Item 22b (Total Active Service) shows 4 months. Item 23a (Specialty Number and Title) shows the entry "71N20 Movements Specialist." DISCUSSION AND CONCLUSIONS: The applicant contends that his DD Form 214 does not reflect his basic training while he was on active duty at Fort Ord, CA. However, evidence of record shows that the applicant was ordered to active duty on 5 December 1966 for basic training at Fort Ord, CA and that he was released from active duty training from Fort Eustis, VA after completing AIT on 4 April 1967. Therefore, his DD Form 214 with the period ending 4 April 1967 that shows 4 months active duty appears to be correct. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___XX __ __XX ___ ___XX __ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___ XXXXXXXX ____ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20080002859 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080002859 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1