IN THE CASE OF:	  

		BOARD DATE:	       12 November 2008

		DOCKET NUMBER:  AR20080015012 


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 his active duty summer camp time from June 1966 to February 1972 be calculated and added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the entry was omitted due to a possible oversight.

3.  The applicant provides a copy of his DD Form 214, dated 29 July 1967; and a copy of an undated National Archives and Records Administration (NA) Form 13041 (Statement of Service) 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 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 records show he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 1 April 1966.  In connection with his enlistment, he agreed to enter active duty for a period of 20 weeks and that after completing his training he would serve in the Ready Reserve for the remainder of his military service obligation (MSO).  

3.  On 29 March 1967, the applicant entered active duty for training (ACDUTRA), completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 71B (Clerk Typist).  He was honorably released from ACDUTRA on 29 July 1967 and returned to the USAR for completion of his MSO.

4.  The DD Form 214 he was issued at the time of his release from active duty shows he completed 4 months and 1 day of creditable active duty service.  

5.  The applicant submitted an unidentified and undated copy of an NA Form 13041 that shows several periods of active duty for training on miscellaneous dates that include 25 June 1966 to 10 July 1966, 31 December 1966 to
14 January 1967, 29 March 1967 to 29 July 1967, 3 August to 18 August 1968,
31 May 1969 to 15 June 1969, and 22 August 1970 to 6 September 1970.

6.  Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) of more than 90 days to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 214 is not required for periods of less than 90 days.  Chapter 2 of AR 635-5 contains guidance on the preparation of the DD Form 214.  In the version in effect at the time, guidance was that Item 17c (Date of Entry) shows the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued; Item 11d (Effective Date) shows the Soldier’s transition date; and Item 22a(1) (Net Service This Period) shows the amount of active service covered this period, computed by subtracting item 17c from Item 11d.  Lost time under 10 U.S. Code, Section 972 and non-creditable time after expiration term of service, if any, are deducted. 





DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant entered active duty for training on 29 March 1967 and was honorably released from active duty on 29 July 1967.  He completed 4 months and 1 day of active military service during this period.  His DD Form 214 correctly shows the dates of entry and separation and the net period of active service.  

2.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It appears that the applicant’s periods of service documented on the NA Form 13041 were performed as part of his USAR training obligation and could not be entered on the DD Form 214 as they occurred outside the period covered by the DD Form 214.  

3.  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 evidence that would satisfy this requirement.  Therefore, he is not entitled to relief in this case.

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)                                         AR20080015012



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ABCMR Record of Proceedings (cont)                                         AR20080015012



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