IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080011835
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, correction of his records to show that after his discharge, he was recalled to active duty for a period of 2 weeks in August or September 1965.
2. The applicant states that he does not have any records indicating his 2 weeks of active service in 1965 and wishes to have the record corrected for personal satisfaction.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 February 1964.
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 applicants records show he was inducted into the Army of the United States on 2 March 1962. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 532.20 (Track Vehicle Mechanic). He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 28 February 1964.
3. On 4 May 1965, by letter orders, Headquarters, X U.S. Army Corps, Fort Lawton, Washington, ordered the applicant to his 2-weeks annual active duty for training (ADT), effective 11 June 1965. However, the applicants records show that he requested a deferment for personal reasons and that his ADT order was accordingly revoked.
4. On 22 June 1965, by letter orders, Headquarters, X U.S. Army Corps, Fort Lawton, Washington, ordered the applicant to his 2-weeks annual active duty for training, effective 11 July 1965. The applicants records, again, show he requested a deferment for personal reasons and that his ADT order was accordingly revoked.
5. On 23 August 1965, by letter orders, Headquarters, X U.S. Army Corps, Fort Lawton, Washington, ordered the applicant to his 2-weeks annual active duty for training, from 19 September 1965 to 2 October 1965. However, there is no indication in the applicants records that he attended and/or completed this period of annual training.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. The regulation in effect at the time stated that the DD Form 214 is issued at the time of separation, regardless of the actual number of days served, to each member of the Regular Army and members of the Reserve Component called or ordered to active duty for a period of 90 days or more. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Chapter 2 contains guidance on the preparation of the DD Form 214. In the version in effect at the time, Item 16 showed the date of induction and Item 11d showed the date the separation was accomplished.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was inducted into the Army of the United States on 2 March 1962 and was honorably separated on 28 February 1964. This period of active service is correctly documented on his DD Form 214.
2. The applicants 2-week annual training was ordered after the applicant was separated. If completed, this period could not have been recorded on the applicants DD Form 214, dated 28 February 1964, and documented on a separate DD Form 214 since it was less than the 90 days required to issue a DD Form 214.
3. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy this requirement. Therefore, she is not entitled to relief.
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
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) AR20080011835
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