IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080016223
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 of his records to show his active duty service from 1958 through 1970.
2. The applicant does not indicate a reason for his request.
3. The applicant provides a copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1980 and a copy of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) 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 that he was inducted into the Army of the United States and entered active duty on 26 November 1958. He completed the required training and was awarded military occupational specialty 112.10 (Heavy Weapons Infantryman). The highest rank he attained while serving on active duty was the rank of sergeant first class/pay grade E-7.
3. The applicant's DD Form 214 with a separation date of 30 November 1980 shows he was transferred to the U.S. Army Reserve Control Group (Retired) under the provisions of chapter 12, Army Regulation 635-200 (Personnel Separations) with an honorable characterization of service. He had completed 21 years, 7 months, and 29 days of active military service.
4. The applicant's records contain six DD Forms 214 which show his military service during the period 26 November 1958 through 30 November 1980 with
4 months and 6 days break in service.
5. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It also states that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records do not show his service from
1958 through 1970 was carefully considered and determined to be without merit.
2. Although the applicant has several separation documents, his records accurately show that he performed military service during the period
26 November 1958 through 30 November 1980. Therefore, his records are correct as currently constituted.
3. Absent evidence to show that his records are inaccurate or unjust, there is no basis to amend the records as requested.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.
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.
_______ _ 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) AR20080016223
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ABCMR Record of Proceedings (cont) AR20080016223
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