IN THE CASE OF:	 

		BOARD DATE:	  28 October 2008

		DOCKET NUMBER:  AR20080010316 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be further amended.

2.  The applicant states that item 30 (Remarks) of his DD Form 214 should have been amended to read: 

"Added:  Prior service-Inducted 28 Nov 67 and discharged from regular Army active duty on 27 Feb 1970 with an Honorable Discharge.  Released from active duty and transferred to National Guard on 24 Oct 1972.  Relieved from National Guard on effective date of discharge 1 November 1973 with an Honorable Discharge.  

Transferred to Regular Army June 79 to August 79 for Heavy Duty Equipment Operator and Demolitions School.  

Entered Army Reserve Oct 1979 and released 24 Dec 1980."

3.  The applicant provides a letter, dated 12 May 2008, from the National Personnel Records Center to his Member of Congress; an Acknowledgment of Service Obligation, dated 28 November 1967; orders, dated 27 December 1969; discharge orders, dated 24 October 1973; a portion of an enlistment contract, dated 31 October 1979; discharge orders, dated 24 December 1980; and a copy of his DA Form 20 (Enlisted Qualification Record).



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 applicant’s 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 applicant’s 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 inducted into the Army of the United States on                     28 November 1967 for 2 years.

3.  The applicant was honorably released from active duty on 27 November 1969 and transferred to the U. S. Army Reserve (USAR).  A DD Form 214 for this period of service apparently was not issued.

4.  The applicant was immediately recalled to active duty effective 28 November 1969.  He was honorably released from active duty on 5 February 1970 and returned to the USAR.  A DD Form 214 for this period of service was prepared.  Item 22a(1) (Net Service This Period) shows he completed 2 months and 8 days of creditable active service; item 22a(2) (Other Service) shows he completed      2 years of other service; and item 22b (Total Active Service) shows he completed 2 months and 8 days of total active service.  

5.  Item 4 (Department, Component and Branch or Class) of the applicant's DD Form 214 shows his component as USAR.

6.  On 22 February 1972, a DD Form 215 (Correction to DD Form 214) was prepared to correct item 22b of the applicant's DD Form 214 to show he completed 2 years, 2 months, and 8 days of total active service.  Item                 30 (Remarks) was also amended to add, "Prior Service - Inducted 28 Nov 67 honorably released from active duty and transferred to USAR 27 Nov 69 recalled to active duty 28 Nov 69."

7.  Effective 1 November 1973, the applicant was discharged from the USAR upon the completion of his statutory military obligation.

8.  The applicant's Army National Guard (ARNG) enlistment contract is not available; however, he apparently enlisted in the ARNG on 11 March 1974.  His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows that he was discharged on 10 March 1975 from the ARNG and as a Reserve of the Army and that he had enlisted for 1 year.

9.  On 31 October 1979, the applicant enlisted in the USAR for 1 year with assignment to the 820th Engineer Battalion.

10.  Orders dated 11 March 1980 ordered the applicant to active duty for training (ADT) to attend the Heavy Construction Equipment Operators Course effective on or about 6 June 1980 for 64 days plus travel time.

11.  Effective 30 October 1980, the applicant was discharged from the USAR.

12.  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 the DD Form 214 is a synopsis of the Soldier’s 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.

13.  Army Regulation 635-5, version effective 1 October 1979, stated a DD Form 214 would be prepared after completing 90 days or more of continuous ADT.

DISCUSSION AND CONCLUSIONS:

1.  An error appears to have been made when the applicant was not issued a   DD Form 214 when he was released from active duty on 27 November 1969.  However, that error was corrected when a DD Form 215 was prepared correcting his DD Form 214 for the period ending 5 February 1970 to show his prior 2 years of active duty.  

2.  There is no evidence of record to show that the applicant ever enlisted in the Regular Army.  

3.  The DD Form 214 is not meant to be a complete record of service.  It is only a synopsis of a Soldier's most recent period of continuous active duty.  The applicant's DD Form 214 was meant only to reflect his period of continuous active duty through 5 February 1970.  Subsequent service is not authorized for entry on this DD Form 214.  

4.  The evidence of record shows that the applicant had additional active duty when he was ordered to ADT from June to August 1980 while in the USAR.  There is no evidence to show he served on ADT from June to August 1979.  However, as he was on ADT for less than 90 continuous days, he was not authorized a DD Form 214 for that period of ADT.

5.  The entry that was added to item 30 of his DD Form 214 when the DD Form 215, dated 22 February 1972, was prepared appears to properly reflect all of the service that should be shown on the applicant's DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____XX____  ___XX_____  ____XX____  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.




      _______ XXXX_   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080010316





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ABCMR Record of Proceedings (cont)                                         AR20080010316



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