RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 January 2008
DOCKET NUMBER: AR20070012223
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. James E. Vick
Chairperson
Mr. Thomas M. Ray
Member
Mr. Jeffrey C. Redmann
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he entered service on 20 September 1966.
2. The applicant states that he entered the Reserve Officers Training Corps (ROTC) program on 20 September 1966. He was commissioned in August 1968. He was released from the Standby Reserve on 31 July 1974. The starting date on his DD Form 214 should be 20 September 1966.
3. The applicant provides his enlistment contract; his DD Form 214; and discharge orders.
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. The applicant enlisted in the U. S. Army Reserve on 20 September 1966 to attend Senior ROTC. He was commissioned a second lieutenant on 22 August 1968. On 29 April 1968, he was granted a delay in ordering into active duty to pursue graduate studies. He entered active duty on 13 March 1970. He was released from active duty on 31 October 1971.
3. Item17 (Current Active Service Other than by Induction), subitem 17c (Date of Entry) on the applicants DD Form 214 shows he entered active duty on 13 March 1970.
4. The applicant was honorably discharged from the U. S. Army Reserve on 31 July 1974.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation in effect at the time provided that the date the officer entered on his or her current tour of active duty would be entered in item 17c.
DISCUSSION AND CONCLUSIONS:
It is recognized that the applicant entered the ROTC program on 20 September 1966. However, he did not enter active duty until 13 March 1970. The governing regulation provided that the date the officer entered on his or her current tour of active duty would be entered in item 17c. There is no error in item 17c of the applicants DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jev___ __tmr___ __jcr___ 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.
___James E. Vick______
CHAIRPERSON
INDEX
CASE ID
AR20070012223
SUFFIX
RECON
DATE BOARDED
20080122
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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