RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060012625 


	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.


	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 block 19c (Date of Entry) of his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued at the time of his release from active duty on 
15 November 1966 be corrected to show his date of entry was 3 March 1964. 

2.  The applicant essentially states that he was drafted into the Army of the United States on 3 March 1964, and was discharged on 3 March 1966, then recalled to active duty in the United States Army Reserve (USAR) from 
3 March 1966 to 15 November 1966. 

3.  The applicant provides his DD Form 214 that was issued at the time of his release from active duty on 15 November 1966 in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 15 November 1966, the date of his release from active duty.  The application submitted in this case is dated 23 August 2006.

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 applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the Army of the United States on 3 March 1964.  Although a DD Form 214 for his service in the Army of the United States from 3 March 1964 to 2 March 1966 was not present in his military records, a National Archives (NA) Form 13038 (Certification of Military Service) was issued on 27 January 1993 to cover this period of active duty.  This Certification can be used for any purpose for which the original discharge document was used, including the application for veterans benefits.

4.  The applicant’s DD Form 214 shows that he served on active duty in the USAR from 3 March 1966 until he was honorably released from active duty on 
15 November 1966.  
5.  Army Regulation 635-5 (Separation Documents), currently in effect, provides that a DD Form 214 will be prepared for each Soldier who changes their status or component while on active duty.  

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that block 19c of his DD Form 214 that was issued at the time of his release from active duty on 15 November 1966 should be corrected to show his date of entry was 3 March 1964. 

2.  While it is clear the applicant served on active duty from 3 March 1964 to 
15 November 1966, he did so in two separate components of the Army, that being the Army of the United States as an inductee from 3 March 1964 to 
2 March 1966, and in the USAR as an enlistee from 3 March 1966 to 
15 November 1966.  His service in the Army of the United States from 3 March 1964 to 2 March 1966 has already been verified and officially documented by the 
NA Form 13038 found in his military records, and this document can be used for any purpose for which the original discharge document was used, including the application for veterans benefits.  Additionally, the applicant’s service in the USAR from 3 March 1966 to 15 November 1966 is accurately captured on the DD Form 214 that he provided. 

3.  The current regulation governing the preparation of separation documents clearly states that a DD Form 214 will be prepared for each Soldier who changes their status or component while on active duty.  It is believed that this policy was also in effect at the time of the applicant’s transition from the Army of the United States to the USAR.  As such, regularity must be presumed in this case.

4.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 November 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
14 November 1969.  The applicant did not 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

__JS____  ___DH __  ___JH___  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.




_______John Slone_________
          CHAIRPERSON




INDEX

CASE ID
AR20060012625
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
110.0100.0000
2.

3.

4.

5.

6.