RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20070017883
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 corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as Captain and his date of discharge as 11 March 1968.
2. The applicant states his DD Form 214 is incorrect.
3. The applicant provides:
a. a self-authored letter dated 8 November 2007;
b. a copy of his DD Form 214 for the period 5 October 1958 through 4 April 1959; and
c. a copy of USAAC Form 872, Office of The Adjutant General, US Army Administration Center, St. Louis, MO, dated 11 March 1968, relieving him from the United States Army Reserve (USAR) Control Group (Reinforcement) and honorably discharging him on 11 March 1968 as a Captain.
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 was commissioned as a USAR Second Lieutenant on
5 October 1958. He entered on a 6-month active duty for training (ACDUTRA) tour on the same date. He was honorably released from active duty at Fort Dix, NJ on 4 April 1959.
3. The applicant's DD Form 214 shows his rank as Second Lieutenant and his effective date of release from active duty as 4 April 1959. It shows he served 6 months of active duty (for training).
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. As such, it is a snapshot of service for a particular period.
DISCUSSION AND CONCLUSIONS:
1. The applicant is misinformed concerning the purpose of his DD Form 214. He is requesting changes to his rank and release date (from the USAR) which occurred outside the snapshot period encompassed by his DD Form 214.
2. The applicant's DD Form 214 is absolutely correct in relation to his rank and his effective date of release from active duty. When he was released from active duty at Fort Dix, the date was 4 April 1959 and he was a Second Lieutenant. He was promoted to First Lieutenant and Captain while a member of the USAR and after he departed active duty. He was honorably discharged from the USAR and all further military obligation on 11 March 1968. None of these events occurred between 5 October 1958 and 4 April 1959.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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.
XXX
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017883
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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