IN THE CASE OF:	  

		BOARD DATE:	    29 December 2010

		DOCKET NUMBER:  AR20100016757 


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 correction to the date he was separated from the Army of the United States shown on his Honorable Discharge Certificate, dated 30 April 1963.

2.  He states the right date is 1956 or 1957.

3.  He provides an Honorable Discharge Certificate.

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.  His military records show he was inducted into the Army of the United States on 7 February 1955 for 2 years.

3.  A Transfer or Release to Reserve Component of the Army, dated 6 February 1957, shows he was transferred to the U.S. Army Reserve (USAR) for completion of his 8-year service obligation.

4.  He was honorably released from active duty on 7 February 1957 at the expiration of his term of service and transferred to the USAR.  He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He was credited with 2 years of net active service.  Item 18 (Terminal Date of Reserve Obligation) shows a date of 7 February 1963.

5.  Letter orders, dated 30 April 1963, were issued honorably discharging him from the USAR (Standby) on 30 April 1963 at the expiration of his term of service.  He was also issued an Honorable Discharge Certificate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the Army of the United States for 2 years and entered active duty on 7 February 1955.  He was released from active duty at the completion of his 2 years on 7 February 1957 and he was issued a DD Form 214.  Upon his release from active duty he was transferred to the USAR for completion of his 8-year service obligation (7 February 1963).  He was honorably discharged from the USAR on 30 April 1963 at the completion of his service obligation.  At this time he was issued letter orders and an Honorable Discharge Certificate.

2.  His contentions have been noted; however, he was properly issued a DD Form 214 for his period of active duty service from 7 February 1955 through 7 February 1957.  Upon his completion of his Reserve service obligation in 1963 he was properly issued letter orders and an Honorable Discharge Certificate for his service obligation ending on 30 April 1963.  Therefore, he is not entitled to correction to the date shown on his Honorable Discharge Certificate.  He was issued appropriate separation documents for his active duty and Reserve periods of service.

3.  In view of the foregoing, there is no basis for granting his request.


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 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)                                         AR20100016757



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ABCMR Record of Proceedings (cont)                                         AR20100016757



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