IN THE CASE OF:
BOARD DATE: 13 NOVEMBER 2008
DOCKET NUMBER: AR20080012891
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 two separate applications, correction of his Report of Transfer or Discharge (DD Form 214) to reflect his service in the summer of 1974 at Camp Guernsey, Wyoming.
2. The applicant states that he has no record of his service at Camp Guernsey and that he previously made a request for this correction. He states that in his previous request he stated that the year of his service at Camp Guernsey was 1973; however, he has since remembered the year was 1974.
3. The applicant provides no additional documentation in support of his application.
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. On 19 November 1970, the applicant was inducted into the Army in Fairmont, West Virginia. He successfully completed his training as a field artillery crewman.
3. The applicant was transferred to Korea on 1 October 1971 and he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 15th Field Artillery, 2nd Infantry Division.
4. The applicant returned to the Continental United States on 24 May 1972. He was honorably released from active duty (REFRAD) on 25 May 1972 and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
5. A review of the available records does not show that he served at Camp Guernsey, Wyoming, in 1974.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD, discharge, or retirement.
DISCUSSION AND CONCLUSIONS:
1. 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 has failed to submit evidence that would satisfy this requirement.
2. The applicants DD Form 214 was prepared in accordance with the applicable regulation. His DD Form 214 properly shows his active duty service from 19 November 1970 through 25 May 1972.
3. The applicants DD Form 214 was properly prepared to reflect his service as it existed at the time of his REFRAD which was on 25 May 1972. There are no provisions for including any service that he may have had after 25 May 1972 to his DD Form 214.
4. In view of the foregoing, there is no basis for granting the applicants request.
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.
_______ _ XXX _______ ___
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.
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