IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080012896
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 (Report of Transfer or Discharge) for the period ending 14 November 1962 be corrected to show his service in the U.S. Army Reserve (USAR) during the period 1963 to 1964.
2. The applicant states, in effect, that he served on active duty from 1960 to 1962, that he was called back to active duty during the period 1963 to 1964 at Fort Polk, Louisiana, and that he wants this service shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 for the period ending
14 November 1962.
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 applicant was inducted on 29 November 1960. He served as a light weapons infantryman and was released from active duty on 14 November 1962 and transferred to the USAR.
3. The applicants DD Form 214 for the period ending 14 November 1962 shows he completed 1 year, 11 months, and 16 days of creditable active service.
4. Pay records show the applicant was ordered to active duty on 15 June 1963 for training and he was released from active duty training on 29 June 1963 and transferred to the USAR. Records show he was ordered to active duty on
2 November 1963 for training at Fort Polk, Louisiana for a period of 45 days. Orders show he was released from active duty training on 16 December 1963.
5. On 31 October 1966, the applicant was discharged from the USAR.
6. There is no evidence of record which shows the applicant was ordered to active duty for one year during the period 1963 to 1964.
7. 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 that the DD Form 214 is a synopsis of the Soldiers 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.
8. Army Regulation 635-5 also states that a DD Form 214 will be prepared for all personnel after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support; and after completing initial active duty for training which resulted in the award of a MOS, even though the active duty was less than 90 days.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. There is no evidence of record which shows the applicant served on active duty for one year during the period 1963 to 1964. Since the evidence of record shows the applicant was ordered to active duty on two occasions in 1963 for periods less than 90 days after his release from active duty on 14 November 1962, there is no basis for amending his DD Form 214 for the period ending
14 November 1962.
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.
ABCMR Record of Proceedings (cont) AR20080012896
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080012896
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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