RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 September 2005
DOCKET NUMBER: AR20050000931
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
Mr. Joseph A. Adriance
Analyst
The following members, a quorum, were present:
Mr. James C. Hise
Chairperson
Mr. Thomas E. OShaughessy
Member
Mr. Patrick H. McGann
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, in effect, that Item 19a (Source of Entry) of his
22 April 1959 separation document (DD Form 214) be corrected.
2. The applicant states, in effect, his DD Form 214 currently indicates he was ordered to active duty for training (ACDUTRA), but it should read he was ordered to active duty to fulfill the requirements of his Reserve Officer Training Corps (ROTC) contract. He further states he served on active duty for at least one day in addition to the time listed on his DD Form 214. He states that after receiving benefits from the Department of Veterans Affairs (VA) for five years he was declared ineligible because he only served for training.
3. The applicant provides a self-authored statement in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice that occurred on 22 April 1959. The application submitted in this case is dated
21 December 2005.
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 limitations 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 applicants failure to timely file.
3. The applicants record shows he was appointed a second lieutenant in the United States Army Reserve (USAR) on 1 August 1958, and served in inactive Reserve status through 23 October 1958.
4. The applicants Official Military Personnel File (OMPF) contains a copy of Headquarters, Second United States Army Letter Order Number C-7-27, dated 10 July 1958. These orders ordered him to ACDUTRA for 6 months, effective
23 October 1958.
5. The applicants OMPF also contains a copy of an Active Duty Report
(DD Form 220), dated 3 November 1958. This document confirms the applicant entered active duty on 23 October 1958.
6. On 22 April 1959, the applicant was honorably released from active duty (REFRAD) and returned to the USAR. The DD Form 214 he was issued for this period of active duty service confirms, in Item 19a, that he was ordered to active duty for 6 months for ACDUTRA. Item 24a (Net Service This Period) confirms he completed a total of 6 months of active duty service during the period covered by the DD Form 214, and Item 24b (Total Active Service) confirms he completed a total of 6 months of active military service.
7. The record shows the applicant continued to serve in the USAR until being honorably discharged on 9 January 1967.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that Item 19a of his 22 April 1959 DD Form 214 be corrected to show he was ordered to active duty to complete an ROTC contractual obligation was carefully considered. However, there is an insufficient evidence to support granting this requested relief.
2. The evidence of record confirms the applicant was ordered to ACDUTRA for
6 months by Headquarters, Second United States Army Letter Order Number
C-7-27, dated 10 July 1958. This fact is verified in a DD Form 220, dated
3 November 1958, that is also on file in the applicants OMPF.
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.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 April 1959. Therefore, the time for him to file request for correction of any error or injustice expired on 21 April 1962. He failed to file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JCH _ __TEO __ __PHM__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
___ James C. Hise ____
CHAIRPERSON
INDEX
CASE ID
AR20050000931
SUFFIX
RECON
DATE BOARDED
2005/09/120
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1967/01/09
DISCHARGE AUTHORITY
AR 135-178
DISCHARGE REASON
2X Promotion Non-Select
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Chun
ISSUES 1. 1021
100.0000
2.
3.
4.
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6.
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