IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080013418
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 that his official record be corrected to show he completed 2 full years of active duty.
2. The applicant states that he works for the New York City Department of Education and he is buying years of service for his retirement. He was only allocated 1 year, 6 months, and 26 days. To the best of his knowledge, as an early separation of overseas returnee, he has the right to buy 2 years. Also he served more than 12 months in the Republic of Vietnam (RVN); therefore, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) must show that this counts for 2 years.
3. The applicant provides a copy of 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 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 into the Army of the United States on 25 August 1969. He was honorably released from active duty on 20 March 1971 under the provisions of Army Regulation 635-200 (Personnel Separations), section VII, chapter 5, by reason of early separation of overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). He was credited with 1 year, 6 months, and 26 days of active duty.
3. The applicant served in the RVN from 8 February 1970 through 18 March 1971.
4. On 1 August 1975, the applicant was discharged from the USAR Control Group upon completion of his military service obligation. There is no evidence that he performed any type of active duty while assigned to the USAR.
5. Army Regulation 635-200 (Enlisted Personnel Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 5 prescribed policies for separation of personnel for the Convenience of the Government. It stated, in pertinent part, that commanders were authorized to order separation for the Convenience of the Government of enlisted personnel for return to the U.S. Paragraph 5-14a(2) of Army Regulation 635-200 stipulated, in pertinent part, that enlisted members of the Regular Army and the USAR, who upon arrival from a short tour area had less than 150 days remaining before expiration of term of service, would be discharged for the Convenience of the Government, released from active duty, and returned to their former National Guard or Army Reserve status, or released from active duty and transferred to the USAR.
DISCUSSION AND CONCLUSIONS:
1. The applicant, in essence, is requesting he be granted active service credit from 21 March through 24 August 1971 (his normal expiration term of service), for a period of 5 months and 4 days. He bases his request upon his belief that early separations of overseas returnees were given credit for 2 full years of active duty, and because the extra month he remained in the RVN was in exchange for an early-out.
2. There is no provision within Army regulations to grant active duty credit for time not served on active duty. Active duty is defined as full-time duty in the active military service of the U.S. Therefore, there was no policy where early returnees from a short tour area were given credit for active duty not actually performed or for Soldiers who extended their service in the RVN.
3. The record shows he was transferred to the USAR Control Group (Annual Training) on 20 March 1971. There is no evidence he participated in any type of active duty during the time he was assigned to the USAR.
4. Given the above, there is no basis upon which to grant the applicant's request. 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 any 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.
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) AR20080013418
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080013418
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001061264C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On the same date, he was honorably released from active duty and assigned to the United States Army Reserve Control Group, St. Louis, Missouri under the provisions of Army Regulation 635-200 due to early separation as an overseas returnee. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of...
ARMY | BCMR | CY2008 | 20080001595
Application for correction of military records (with supporting documents provided, if any). Further, the applicant has failed to provide any medical documentation that shows he was rendered medically unfit to perform his duties while on active duty. _ ___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.
ARMY | BCMR | CY2001 | 2001055104C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: The applicant was inducted for 2 years and, following training, was assigned to the RVN where he served almost 14 months.
ARMY | BCMR | CY2010 | 20100020259
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 July 1964 to show he completed 3 years of active service instead of 2 years, 11 months, and 2 days. The applicant states the requested credit of an additional 29 days of active service would allow him to retire from the U.S. Army Reserve (USAR). His USAR Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows he...
ARMY | BCMR | CY2010 | 20100022193
The applicant states: * he served 2 years of continuous service in the Army * his DD Form 214 for the period ending 26 July 1990 needs to be amended to give him 2 additional days * he signed for 2 years in the Army in 1988 and should be given credit for this * his unit made a mistake by not crediting him with his whole time in service * he cannot receive health benefits unless this injustice is rectified * his dates of deployment in Saudi Arabia, Kuwait, and Iraq are not listed on his DD...
ARMY | BCMR | CY2011 | 20110003505
The applicant requests correction of item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 2 years of service. His total length of service for the period 1 December 1982 through 29 November 1984 is 1 year, 11 months, and 29 days as follows: Year(s) Month(s) Day(s) 1984 11 29 (Separation Date) - 1982 12 1 (Date of Entry) = 1 11 28 + 1 (Inclusive Day) = 1 11 29 5. While the evidence of record clearly shows he...
ARMY | BCMR | CY2009 | 20090016866
The applicant provides the following documents in support of his application: letter from a physician translated in Spanish; decisional document from the Department of the Veterans Appeals; medical reports from the San Juan Dermatopathology, dated 8 December 2008; letter from VA; DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 23 June 1966; Honorable Discharge Certificate, dated 5 July 1970; discharge orders from the U.S. Army Reserve (USAR) Control Group...
ARMY | BCMR | CY2012 | 20120007371
The applicant requests correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was granted an early release from active duty at the convenience of the government. The applicant states: * his DD Form 214 shows he entered active duty on 30 November 1983; he separated on 18 November 1985; and he completed 1 year, 11 months, and 19 days * he enlisted for a 2-year period * officials at the Department of Veterans Affairs (VA) question...
ARMY | BCMR | CY2013 | 20130009224
IN THE CASE OF: BOARD DATE: 16 January 2014 DOCKET NUMBER: AR20130009224 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of the discharge date shown in item 11d (Effective Date) of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show 18 September 1971. His records contain Headquarters, U.S. Army Personnel Center, SO Number 261, dated 18 September 1971, releasing him from active duty on 18 September 1971 and...
ARMY | BCMR | CY2011 | 20110007919
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 August 1971 to show: * award of the Army Commendation Medal (ARCOM) * all service awards to which he is entitled * his service in the Republic of Vietnam (RVN) 2. He provided general orders showing he was awarded the ARCOM while assigned to Company A, 7th Engineer Battalion for the period September 1970 through August 1971. As a result, the Board...