RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20070017259
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) effective 18 August 1967 to show that he entered active duty on 19 August 1964 and served for three full years.
2. The applicant states that omission of his service from 19 August 1964 to
13 September 1965 adversely affects his retired pay.
3. The applicant provides copies of his DD Form 214, effective 18 August 1967; DD Form 47 (Record of Induction); SF 88 (Report of Medical Examination);
SF 89 (Medical History).
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. At the time of his application, the applicant was a staff sergeant, pay grade
E-6 in the Retired Reserve.
3. The applicant's Record of Induction was initiated on 19 August 1964. It shows that he received a pre-induction medical examination on 26 August 1964 and was found to be medically qualified for military service. Item 24a of this same form indicates that he was inducted into the Army of the United States on
13 September 1965.
4. The applicant completed his initial training and was awarded military occupational specialty (MOS) 45G (Turret Artillery Repairman).
5. On 11 April 1966, the applicant was assigned for duty as a turret mechanic with the 3rd Battalion, 76th Artillery Regiment, in the Federal Republic of Germany. He returned to the United States on or about 12 August 1967.
6. On 18 August 1967, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 11 months, and 6 days of creditable active duty.
7. Records show that the applicant remained in the USAR Control Group Annual Training through 12 September 1971.
8. On 1 May 1977, the applicant enlisted in the Army National Guard and served through a series of enlistments until his transfer to the Retired Reserve on
12 October 1995.
9. Army Regulation 635-5 (Separation Documents), as in effect at the time, prescribed the separation documents that would be furnished each individual when separated from the Army and established standardized procedures for the preparation and distribution of those documents. It provided, in pertinent part, that Item 22a (1) (Net Service This Period) of the DD Form 214 would show the total service completed between the dates shown in Items 10c or 17c and Item 11d of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was inducted into the Army of the United States on 13 September 1965 and was released from active duty on 18 August 1967, completing 1 year, 11 months, and 6 days of creditable active duty. The applicant's DD Form 214 accurately reflects this period of active duty service.
2. The applicant's contention that he should received active duty credit from the date shown on his Record of Induction of 19 August 1964 to the day prior to his actual induction on 13 September 1965 is not substantiated by any evidence of record. Furthermore, the applicant has not provided any supporting evidence or convincing argument.
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 the aforementioned requirement.
4. 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
_ x __ __x ___x _ 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.
_______x_______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017259
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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