IN THE CASE OF:	  

		BOARD DATE:	       3 March 2009

		DOCKET NUMBER:  AR20080018196 


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 military records to show that he served a period of 3 years of "Active Regular Service" in the U.S. Army. 

2.  The applicant states, in effect, that he was ordered to report for active duty by the Secretary of the Army on 7 October 1967.  The orders were revoked on 
17 January 1968 because he could not be located.  He contends that he never received the orders until he requested his records in 2008.  He also states that the U.S. Army was possibly negligent as evidenced by an incorrect social security number on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  As a result of this error, he feels that he should be given credit for 3 years of active duty service.

3.  The applicant provides, in support of his application, copies of his DD Form 214; NGB Form 22 (Report of Separation and Record of Service); a letter from the U.S. Army Reserve (USAR) Assignment Division, dated 1 July 1967; Reserve Assignment Orders, dated 7 October 1967; Notification of Assignment to a United States Army Reserve (USAR) Unit, dated 10 October 1967; Revocation of Letter Orders, dated 17 January 1968; Discharge Orders and certificate, dated 15 January 1970; and a social security card and earnings record.






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.  On 17 July 1961, the applicant enlisted in the USAR for 8 years.  He was assigned a service number different from his social security number.  He was subsequently ordered to active duty for training (ACDUTRA).  He served on ACDUTRA from 7 August 1961 to 6 February 1962, a period of 6 months.  He was released from ACDUTRA and transferred back to the USAR to complete his 7 years and 5 months of remaining service obligation.

3.  Letter Orders 10-331572, Office of the Adjutant General, St Louis, Missouri, dated 7 October 1967, provided by the applicant, relieved him from the USAR Control Group (Annual Training) and assigned him to the 518th Maintenance Battalion at Fort Hamilton, New York.  The orders did not call him to active duty.

4.  Letter Orders 01-47931, Office of the Adjutant General, dated 17 January 1968, revoked Letter Orders 10-331572, due to inability to locate the applicant.

5.  Letter Orders USAR [number not entered], Office of the Adjutant General, dated 15 January 1970, discharged the applicant from the USAR due to the expiration of his term of service (ETS).  His characterization of service was honorable.  

6.  NGB Form 22, effective 2 July 1981, shows the applicant enlisted in the Alabama Army National Guard on 3 June 1980.  He served for a period of 1 year and was discharged with an honorable characterization of service.  

7.  Title 38, U. S. Code, section 101 (Definitions), paragraph 21, provides that the term "active duty" means full-time duty in the Armed Forces, other than active duty for training.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should receive credit for active duty service in the U.S. Army even though he did not serve because the U.S. Army could not locate him.

2.  The evidence clearly shows the applicant enlisted in the USAR and completed his initial active duty for training.   He was assigned a service number different from his social security number.  Therefore, the incorrect listing of his social security in the Remarks block of his DD Form 214 did not have any adverse effect on his service.   

3.  The applicant was subsequently assigned duty with a Reserve unit but did not report for duty.  Consequently, his assignment orders were revoked.  

4.  There is no evidence showing that he ever enlisted in the Regular Army or was ordered to active duty as a member of the Reserve.  There is no evidence of any error or injustice.

5.  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 the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080018196



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ABCMR Record of Proceedings (cont)                                         AR20080018196



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