IN THE CASE OF:	  

		BOARD DATE:	  25 June 2009

		DOCKET NUMBER:  AR20080018105 


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, reconsideration of his request for correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 June 1980, to show he entered on active duty for training (ADT) on 1 November 1977 instead of 1 October 1978.  

2.  The applicant states, in effect, that in a response to his previous request for a correction he was advised that there was no proof he served on active duty during that time so no correction could be made.  He also states that he now has pay records that verify that he was on active duty on 1 November 1977. 

3.  In support of his application, the applicant provides copies of his Certificate of Training and his Army Leave and Earnings Statements (LESs) for the periods from 1 November 1977 through 31 October 1978.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, a review of the applicant's pay statements and training certificate for verification of his time on active duty.  

2.  Counsel states, in effect, that the applicant submitted new evidence that was not previously seen by the Board.  

3.  Counsel provides no additional documentation in support of the applicant's application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080000154 on 1 July 2008.

2.  The applicant’s military records show he enlisted in the United States Army Reserve (USAR) on 16 November 1975, with prior enlisted and commissioned Reserve and Army National Guard (ARNG) service.

3.  Headquarters, United States Army Support Command (USASC), Fort Shafter, Hawaii, Orders Number 228-31, dated 26 October 1977, show the applicant, as a member of Company B, 411th Engineer Battalion, Wailuku, Hawaii, was ordered to ADT with a reporting date of 1 November 1977, for attachment to the USASC, Fort Shafter, Hawaii.  This order was previously seen by the Board.  

4.  Orders Number 228-31 also contain an annotation that they were terminated on 5 November 1977.

5.  The applicant submits a copy of his Certificate of Training that shows he attended the Additional Full-Time Training Readiness Manning Training Management Workshop from 14 through 18 November 1977 and completed the course.  The course was give at Treasure Island, California.  

6.  The applicant also submits copies of his LES for the period from 1 through 30 November 1977 that shows he received no basic pay, and no drill performance. The LES for the period 1 through 31 December 1977 shows he received $46.58 net pay, had a total of 4 unit training (UT) assemblies for fiscal year (FY) 1978, and no drill performance.  

7.  The applicant’s LES for the period 1 through 31 January 1978 shows his status to ADT changed on 1 January 1978; however, he received no pay for January 1978.  The LES for the period 1 through 31 March 1978 shows he attended UT on 25 and 26 February 1978 and 11 and 12 March 1978 (two sessions for each day) and received no pay.  The LES for the period 1 to 30 April 1978 shows he attended UT on 29 and 30 April 1978 (two sessions for each day) and received no pay.  The LES for the period 1 to 31 May 1978 shows he attended UT on 20 and 21 May 1978 (two sessions for each day) and received no pay.  The LES for the period 1 to 30 June 1978 shows he attended UT on 17 and 18 June 1978 (two sessions for each day) and received no pay.  The LES for the period 1 to 31 July 1978 shows he attended UT on 15 and 16 July 1978 (two sessions for each day) and received no pay.

8.  The LES for the period 1 to 31 August 1978 shows he received pay for the months of January, February, March, April, May, June, July, and August 1978 and attended UT on 26 and 27 August 1978 (two sessions for each day).  The LES for the period 1 to 30 September 1978 shows he received pay for the month of September 1978 and attended UT on 23 and 24 September 1978 (two sessions each day).  The LES for the period 1 to 31 October 1978 shows he attended UT on 21 and 22 October 1978 (two sessions each day) and received no pay.  

9.  Office of the Adjutant General Orders Number T-10-94152, dated 5 October 1978, show the applicant as a member of Company B, 411th Engineer Battalion, Wailuku, Hawaii, was ordered to ADT with a reporting date of 1 October 1978, for attachment to the USASC, Fort Shafter, Hawaii.  This order was previously seen by the Board.  Orders Number T-12-42207, dated 21 December 1979, changed his period of ADT from 458 days to 639 days.  

10.  The applicant's Chronological Statement of Retirement Points, dated 4 June 2009, shows he earned 15 membership points and 113 active duty points for his retirement year ending (RYE) 21 January 1979.  He earned 15 membership points and 365 active duty points for his RYE 21 January 1980, and 15 membership points and 365 active duty points for his RYE 21 January 1981, the period of active duty covered by his DD Form 214.

11.  The applicant was released from ADT on 30 June 1980.  Item 12a (Date Entered AD This Period) of his DD Form 214 shows the date of 1 October 1978. Item 12b (Separation Date This Period) shows the date of 30 June 1980, period of 1 year and 9 months.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his LESs show he was on ADT prior to 1 October 1978 has been noted.  The LES for the period from 1 to 31 August 1978, submitted by the applicant, shows he received pay for the months of January, February, March, April, May, June, July, and August 1978.  It appears that this was pay for his UTs for those months and not ADT.  These LESs do not confirm the applicant was on active duty prior to 1 October 1978.  Therefore, based on the foregoing, the applicant is not entitled to correction to his DD Form 214, Item 12a, to show he entered on active duty on 1 November 1977.

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for a reversal of the Board’s previous decision.

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 to amend the decision of the ABCMR set forth in Docket Number AR20080000154, dated 1 July 2008.




      _______ 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)                                         AR20080018105



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ABCMR Record of Proceedings (cont)                                         AR20080018105


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