IN THE CASE OF:
BOARD DATE: April 14, 2009
DOCKET NUMBER: AR20080019572
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 to Item 12a (Date Entered on Active Duty This Period) and Item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 20 October 1979.
2. The applicant states, in effect, that his DD Form 214 should show he entered an active duty status on 7 June 1979, and he was separated on 7 June 1981.
3. The applicant provides no additional documentation 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 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's military records show that he enlisted in the United States Army Reserve (USAR), in pay grade E-1, on 8 June 1979, for 6 years. He was ordered to active duty for training and entered an active duty status on 28 June 1979. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 94B, Cook.
3. The applicant was released from active duty at the completion of his MOS training on 20 October 1979 and he was transferred to a USAR troop program unit (TPU). He was issued a DD Form 214 that shows in Item 12a he entered an active duty status on 28 June 1979. Item 12b shows he was separated from active duty on 20 October 1979. He was credited with completing 3 months and 23 days of net active service. He was discharged from the USAR on
9 November 1985.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that Item 12a would contain the beginning date of the continuous period of active duty for issuance of the DD Form 214. Item 12b would contain the Soldier's transition (separation) date. Item 12c (Net Active Service This Period) would contain the total amount of service, less lost time.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, the DD Form 214 that he was issued on 20 October 1979 should show he served in an active duty status from 7 June 1979 to 7 June 1981.
2. However, the evidence of record shows the applicant enlisted in the USAR on 8 June 1979 and entered an active duty status for training on 28 June 1979. He completed MOS training and was released from active duty on 20 October 1979. He was transferred to a USAR TPU and served continuously in the USAR until his discharge on 9 November 1985. The available evidence does not show the applicant served in an active duty status prior to 28 June 1979 or after
20 October 1979.
3. 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.
4. 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) AR20080019572
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ABCMR Record of Proceedings (cont) AR20080019572
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