RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 January 2008
DOCKET NUMBER: AR20070010484
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.
Ms. Catherine C. Mitrano
Director
Ms. Deyon D. Battle
Analyst
The following members, a quorum, were present:
Mr. David K. Haasenritter
Chairperson
Mr. James R. Hastie
Member
Mr. Edward E. Montgomery
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, correction of his Report of Transfer or Discharge (DD Form 214) to show that he enlisted in the Army on 22 September 1965.
2. The applicant states, in effect, that on 22 September 1965, he became a member of the 78th Division in Northfield, New Jersey. He states that he trained with them every month and 2 weeks every year. He states that on 20 May 1967, he went to basic training and he had already been advanced to the pay grade of E-2. He states that his DD Form 214 only shows his service from 20 May 1967 through 22 September 1971 (sic, actually 1967). He states, in effect, that he does not understand what happened to the first 2 years that he served. The applicant goes on to state that when he was in basic training he became ill and he was told that he would be made a Disabled American Veteran and given free medical care. He states that when he applied for medical care, he was told that he did not have enough time in service. He states that it was only then that he saw that his DD Form 214 only shows 4 years of service (sic, actually shows
4 months and 6 days of total active service) and not 6 years of service. He concludes by requesting that this matter be corrected.
3. The applicant provides, in support of his application, a copy of a Certificate of Appreciation from the Disabled American Veterans 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 23 September 1965, the applicant enlisted in the United States Army Reserve (USAR) in Northfield, New Jersey, for 6 years, in the pay grade of E-1. His records show that he was ordered to active duty for training for 15 days on 2 July 1966 and 15 days on 31 December 1966.
3. On 20 May 1967, the applicant was ordered to active duty for a period of 129 days. He was released from active duty for training on 25 September 1967 and he was transferred to the USAR (Ready) to complete his Reserve obligation. Upon completion of his active duty for training, the applicant was furnished a DD Form 214 to show that he completed 4 months and 6 days of net service this period. The DD Form 214 also shows that he had 1 year, 7 months, and 27 days of other service (i.e. inactive service) prior to being ordered to active duty for training.
4. The applicant remained a member of the USAR performing active duty training for 15-day periods until he was honorably discharged from the USAR on 22 September 1971.
5. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, release from active duty service, or control of the Active Army. Personnel included are members of the Army National Guard of the United States and the USAR after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty status, and completion of initial active duty for training which resulted in the award of a military occupational specialty even though the active duty was less than 90 days.
DISCUSSION AND CONCLUSIONS:
1. It appears that the applicant's DD Form 214 was prepared in compliance with the applicable regulation.
2. The applicant enlisted in the USAR on 23 September 1965 and he was not in an active status until he was ordered to active duty for training. His USAR inactive service (1 year, 7 months, and 27 days) is included on his DD Form 214 and reflected as other service.
3. The applicant's failure to be furnished a DD Form 214 for service in an inactive status was proper. In accordance with the applicable regulation, once he
was ordered to active duty for training for a period of 129 days, he was furnished a DD Form 214 to reflect his active duty service. Therefore, there is no basis for granting the applicant's request.
4. In order to justify correction of a military record the applicant must show 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JRH__ __DKH__ __EEM___ 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.
___David K. Haasenritter___
CHAIRPERSON
INDEX
CASE ID
AR20070010484
SUFFIX
RECON
DATE BOARDED
20080125
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1. 303
129.0100/SERVICE CREDIT
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