IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100009948


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, in effect, correction of Block 14 (District Area Command or Corps to Which Reservist Transferred) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed Advanced Individual Training (AIT) at Fort Polk, LA.

2.  The applicant states Block 14 is incorrect.  He also adds he signed up for U.S. Savings Bonds at Fort Polk, but never received them.

3.  The applicant provides a self-authored typewritten note and a copy of his
DD Form 214.

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 Regular Army for 2 years on 12 February 1971, with a 6-year total service commitment expiring on 11 February 1977.  He completed Basic Combat Training (BCT) at Fort Dix, NJ and AIT at Fort Polk.  He was awarded military occupational specialty 94B (Cook) and he was transferred to Germany for his first permanent duty assignment.

3.  The applicant served in Germany for 10 months and 5 days.  He was then transferred back to the United States.  He served the remainder of his enlistment at Fort Dix.

4.  The applicant was honorably released from active duty (REFRAD) at Fort Dix on 9 February 1973 after serving 1 year, 11 months, and 28 days of creditable active service of his 6-year commitment.  Therefore, he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), Reserve Components Personnel and Administration Center (RCPAC), St. Louis, MO to serve out his remaining service obligation.

5.  The applicant's service records contain no evidence of the purchase of U.S. Savings Bonds.  The applicant's pay records are not available and he did not provide any pay records.

6.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  It states the DD Form 214 is prepared for all Soldiers at the time of their discharge, retirement, or release from the Active Army.  At the time of the applicant's REFRAD, the guidance for completing Block 14 stated, "If at time of separation the individual is transferred or reverts to USAR…, enter Control Group (Annual Training, Reinforcement, or Stand-by), as applicable."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 is correct as to the entry in Block 14.  There is no error or injustice.  He was transferred to the USAR Control Group (Annual Training) to serve out his Reserve obligation through 11 February 1977.

2.  There is no evidence in the record, and the applicant has provided no evidence, to show that he ever purchased U.S. Savings Bonds during his active service.  This Board is unable to provide him information about any savings bonds he may have purchased.  He should go to the Department of the Treasury internet website to search the "Treasury Hunt" database.


3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  X_______   ___
               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)                                         AR20100009948



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ABCMR Record of Proceedings (cont)                                         AR20100009948



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