RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20080000317
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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his service in the U.S. Army Reserve (USAR) from 1964 to 1971.
2. The applicant states, in effect, that his USAR service is not included on his DD Form 214, that he was ordered to active duty on 31 January 1968, and that he was honorably discharged from the USAR on 24 February 1971.
3. The applicant provides 14 enclosures outlined on the last page of his statement, dated 8 December 2007.
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 Army National Guard on 25 February 1963 for a period of 8 years. He was ordered to active duty on 9 March 1963 for training and was released from active duty on 8 September 1963 and returned to the State Control Army National Guard to complete his remaining service obligation.
3. Item 24a(1) (Net Service This Period) on the applicants DD Form 214 for the period ending 8 September 1963 shows he served 6 months. Item 24a(2) (Other Service) on this DD Form 214 shows he served 14 days.
4. On 20 April 1964, the applicant was honorably discharged from the Army National Guard by reason of willful and continuous absence from his military duties. He was reverted to the USAR control to complete his remaining service obligation.
5. On 24 February 1971, the applicant was honorably discharged from the USAR.
6. There is no evidence of record which shows the applicant served on active duty after 8 September 1963.
7. 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. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
8. Army Regulation 635-5, in effect at the time, stated, in pertinent part, that all prior service excluding any service shown in item 24a(1) would be entered in item 24a(2). This included any period served in the USAR or the Army National Guard as a reservist not on active duty during the current enlistment.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Evidence of record shows the applicant enlisted in the Army National Guard on 25 February 1963 and that he was ordered to active duty on 9 March 1963 for six months of training. He was released from active duty on 8 September 1963, and in accordance with the governing regulation, item 24a(2) on his DD Form 214 for the period ending 8 September 1963 properly reflects his earlier service in the Army National Guard (i.e. 14 days).
3. Since there is no evidence of record which shows the applicant served on active duty after 8 September 1963, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
XX____ ___XX___ __CC_ ___ 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.
___ XX _____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000317
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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