IN THE CASE OF:	  

		BOARD DATE:	  	   23 October 2008

		DOCKET NUMBER:  AR20080012064 


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, a discharge document for his active duty period of service from 1 June to 14 June 1974.

2.  The applicant states, in effect, he was called up with the Army National Guard (ARNG) unit out of Hudson, Wisconsin; reported to Fort Riley, Kansas; and served on active duty from 1 June to 14 June 1974.

3.  The applicant provides two letters from the Fond du Lac County, Veteran’s Service Office, Fond du Lac, Wisconsin, dated 17 April and 1 July 2008; National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 9 June 2008; Standard Form (SF) 180 (Request Pertaining to Military Records), dated 21 February 2008; and a DD Form 1351 (Travel Voucher or Subvoucher), dated 2 June (year undecipherable).

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's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 11 May 1973.  This document shows the applicant was inducted into the Army of the United States on 18 May 1971, awarded military occupational specialty (MOS) 11H2O (Infantry Indirect Fire Crewman), and was honorably released from active duty on 11 May 1973.  At the time, he was credited with completing 1 year, 11 months, and 24 days of net service this period; 1 year,
6 months, and 15 days of foreign and/or sea service; and 1 year, 11 months, 
and 24 days of total active service.  The DD Form 214 also shows that the applicant was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), Reserve Components (RC) Personnel Administration Center (RCPAC), St. Louis, Missouri, with a terminal date of Reserve obligation of 17 May 1977.

3.  The applicant's military service records contain a copy of Headquarters, Office of The Adjutant General, RCPAC, St. Louis, Missouri, Orders 04-1064374, dated 27 April 1977.  These orders show the applicant served in the Standby Reserve from 18 May 1976 to 17 May 1977 and that he was honorably discharged from the Standby Reserve, effective 17 May 1977.

4.  There are no orders or other evidence in the applicant’s military service records that show he was ordered to active duty/active duty for training in 1974.

5.  In support of his application, the applicant provides the following documents:

     a.  Two Fond du Lac County, Veteran’s Service Office, Fond du Lac, Wisconsin, letters, dated 17 April 2008 and 17 April 2008; National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated
9 June 2008; and SF 180 (Request Pertaining to Military Records), dated
21 February 2008.  These documents, in effect, restate the applicant’s request for a discharge document for his service from 1 June to 14 June 1974.

     b.  A DD Form 1351 (Travel Voucher or Subvoucher), dated 2 June (year undecipherable) that cites as authority Headquarters, St. Louis, Missouri, Letter Order Number S-04-4011456, dated 17 April ___, and shows the Organization and Station as 128th _____ Battalion, Fort Riley (Kansas).  Part I (Itinerary) of the document shows the applicant departed on 2 June, traveled from Oshkosh (Wisconsin) to Fort Riley (Kansas), departed Fort Riley (Kansas) on 14 June, and returned to Oshkosh (Wisconsin).

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 1 (General), paragraph 1-3 (DD Form 214 - Report of Separation from Active Duty) states a DD Form 214 will be issued to all personnel at time of retirement, discharge, or release from the Active Army, including each member of the Reserve Components (RC) released after completion of more than 89 days of active duty training (ADT) or full-time training duty (FTTD).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should be issued a DD Form 214 to show his active duty period of service from 1 June to 14 June 1974 because he was called to active duty with the Wisconsin ARNG.  However, the applicant provides insufficient evidence in support of his claim.

2.  The evidence of record shows the applicant served on active duty in the Army of the United States from 18 May 1971 to 11 May 1973, transferred to the USAR Control Group (Annual Training), RCPAC, St. Louis, Missouri on 12 May 1973; served in the Standby Reserve, RCPAC, St. Louis, Missouri from 18 May 1976 to 17 May 1977; and was honorably discharged on 17 May 1977.

3.  The evidence of record shows that a DD Form 214 will be issued to all personnel at time of retirement, discharge, or release from the Active Army, including each member of the RC released after completion of more than
89 days of ADT or FTTD.

4.  There are no orders or other evidence in the applicant’s military service records that show he was ordered to active duty, ADT or FTTD while serving in the USAR or ARNG.  Therefore, there is insufficient evidence to support the applicant’s request in this case.

5.  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

____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)                                         AR20080012064



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ABCMR Record of Proceedings (cont)                                         AR20080012064



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