RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 March 2005
DOCKET NUMBER: AR20040004393
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond J. Wagner | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Jonathan K. Rost | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that item 18 (Terminal Date of Reserve
Obligation) of his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) be corrected.
2. The applicant states that item 18 has a date earlier than the date he
was released from active duty.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error that
occurred on 6 August 1963. The application submitted in this case is
dated 13 July 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's Army National Guard enlistment contract is not
available. However, his DD Form 214 shows he had been ordered to active
duty for training on 7 February 1963 after having had 16 days of prior
service. That would have made his enlistment date 22 January 1963. At the
time, a 6-year obligation was mandated by statute.
4. The applicant was released from active duty on 6 August 1963. Item 18
of his DD Form 214 shows his terminal date of reserve obligation as 20
January 1963.
DISCUSSION AND CONCLUSIONS:
Item 18 of the applicant's DD Form 214 contains an error. Since it appears
he enlisted in the Army National Guard on 22 January 1963 (with a 6-year
obligation at the time), his terminal date of reserve obligation would have
been 21 January 1969.
BOARD VOTE:
__rjw___ __jtm___ __jkr___ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that the DD Form 214 of the individual
concerned be corrected by amending item 18 to show his terminal date of
reserve obligation to be 21 January 1969.
___Raymond J. Wagner__
CHAIRPERSON
INDEX
|CASE ID |AR20040004393 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050315 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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