RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 August 2008
DOCKET NUMBER: AR20070018020
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:
Chairperson
Member
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 Certification of Military Service
(NA Form 13038) issued to him on 15 October 2007.
2. The applicant states, in effect, that his NA Form 13038 states that he served in the United States Army Reserve from 19 March 1980 to 29 October 1982. He contends that he was in the Regular Army at that time.
3. The applicant provides a copy of his discharge orders and his
NA Form 13038.
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 19 March 1980, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 16B (Hercules Missile Crewmember).
3. On 21 July 1980, the applicant was assigned for duty as a fire control operator with the 2nd Battalion, 56th Air Defense Artillery Brigade in the Federal Republic of Germany.
4. On 29 October 1982, the applicant was discharged from the Regular Army for the purpose of immediate reenlistment. His characterization of service was honorable. He had attained the rank of specialist four, pay grade E-4, and had completed 2 years, 7 months, and 11 days of creditable active duty service. His Certificate of Release or Discharge from Active Duty (DD Form 214) for this period of service is not available for review.
5. On 30 October 1982, the applicant reenlisted in the Regular Army for another 3 years. He served on active duty until his bad conduct discharge on
12 November 1986. His DD Form 214 for this period of service shows that he completed 3 years, 7 months, and 13 days of creditable active duty service.
6. On 15 October 2007, the applicant was issued a NA Form 13038 for the period from 19 March 1980 to 29 October 1982 certifying that he had served in the United States Army Reserve and had received an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly and convincingly shows that the applicant served in the Regular Army from 19 March 1980 to 29 October 1982.
2. The NA Form 13038 issued to the applicant on 15 October 2007 incorrectly shows that the applicant served in the United States Army Reserve from
19 March 1980 to 29 October 1982.
3. In view of the above, the applicants request should be granted.
BOARD VOTE:
__x__ __x___ __x _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by issuing an appropriate document showing that his service from 19 March 1980 to
29 October 1982 was in the Regular Army.
______x___________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018020
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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