IN THE CASE OF:	  

		BOARD DATE:	  6 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012887 


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 to Item 24a(1) (Net Service This Period) and Item 24b (Total Active Service), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), to reflect 8 months and 25 days of total active service instead of 4 months and 24 days.  

2.  The applicant states, in effect, that correction to his total active service would entitle him to VA (Department of Veterans Affairs) benefits.   

3.  In support of his application, the applicant provides copies of his Certificate of Achievement, Certificate of Training, and his DD Form 214. 

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 records are not available to the Board for review.  A temporary file contains a letter, dated 16 August 2006, wherein the National Personnel Records Center (NPRC), St. Louis, Missouri, in response to the applicant's inquiry, advised that the NPRC had been unable to locate the records needed to answer his request.  The letter also advised that the military record was removed from the file area in order to respond to a prior inquiry.  Although an extensive research was conducted, they had not been able to locate the record.  The letter assured that the NPRC would continue to do all that was possible to locate the information the applicant requested.  The letter further advised that the file area had been marked and upon locating the record, a copy would be furnished to him.  

3.  There are sufficient documents remaining in a temporary record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.  

4.  The applicant's available military records show he was ordered to active duty from the United States Army Reserve (USAR).  He entered active duty on 29 November 1965, for 4 months active duty training (ADUTRA). 

5.  The applicant submits a copy of his Certificate of Achievement, dated 29 January 1966, for receiving the highest score on the Basic Combat Proficiency Test.  The certificate shows the test was conducted at the United States Army Training Center, Infantry, Fort Dix, New Jersey.

6.  The applicant was released from active duty at the completion of his required training on 22 April 1966, and transferred to a Reserve unit.  Item 24a(1), of his DD Form 214, shows he was credited with 4 months and 24 days net service this period.  Item 24a(2) (Other Service) shows he was credited with 4 months and 1 day other service and Item 24a(3) (Total) shows he was credited with 8 months and 25 days total service for pay purposes.  Item 24b shows he was credited with 4 months and 24 days total active service.  Item 32 (Remarks) shows he served 4 months ADUTRA.

7.  The applicant also submits a copy of his Certificate of Training, dated 5 May 1969, for completion of the Cook (military occupational specialty (MOS) 94B) Course.  The certificate shows the applicant completed the course while he was a member of the USAR.  This course was not completed until 5 May 1969.




8.  Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 would be prepared for all enlisted personnel ordered or called to active duty at the time of their release from active duty or discharge.  The total service completed between the dates of the current tour of duty would be entered in Item 24a(1).  All prior service, excluding the service shown in Item 24a(1), would be entered in Item 24a(2).  This would include any period of service in the USAR or Army National Guard (ARNG).  The total of the service entered in Item 24a(1) and (2) would be entered in Item 24a(3).  The total active service the individual completed beginning with the earliest period of service of active service up to and including the current period of active duty, less any period of served in the USAR or ARNG would be entered in Item 24b.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant entered active duty for 4 months ADUTRA on 29 November 1965, with prior service in the USAR.  He was released at the completion of his training on 22 April 1966, and transferred to a Reserve unit.  Documentation submitted by the applicant shows he received the highest score on the Basic Combat Proficiency Test during his period of active duty training in MOS 94B after his release from active duty.  He was credited with service in the USAR prior to his entry on active duty for a period of 4 months and 1 day shown in Item 24a(2).  

2.  The applicant was on active duty from 29 November 1965 to 22 April 1966, a period of 4 months and 25 days; not 4 months and 24 days as shown.  This period of service was not correctly calculated and properly entered in Items 24a(1) and 24b of his DD Form 214.  Therefore, it would be appropriate to correct Item 24a(1) and 24b of his DD Form 214 to show he served on active duty for 4 months and 25 days and Item 24a(3) to show 8 months and 26 days.  There is no evidence the applicant served on active duty for any other period other than the period of 4 months and 25 days and he has not shown otherwise.  

3.  In view of the circumstances in this case, the applicant is not entitled to correction to Items 24a(1) and 24b of his DD Form 214, dated 22 April 1966, to show that he completed 8 months and 25 days of total active duty service and thus qualifying him for VA benefits.  The applicant has provided no evidence to support his contention that the amount of service time in Items 24a(1) and 24b should reflect 8 months and 25 days.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X____  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by showing on the applicant's DD Form 214, dated 22 April 1966, in Item 24a(1) a credit of 4 months and 25 days, in Item 24a(3) a credit of 8 months and 26 days, and in Item 24b a credit of 4 months and 25 days.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of Items 24a(1) and 24b to show a credit of 8 months and 25 days.



      __________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)                                         AR20080012887



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ABCMR Record of Proceedings (cont)                                         AR20080012887


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