IN THE CASE OF:
BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090008746
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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he remained on active duty for an additional 14 days and, therefore, has 6 months of active duty credit.
2. The applicant states he was released from active duty early to attend college leaving him with less than 6 months of active duty service and is ineligible to apply for employment with the Department of Veterans Affairs (VA).
3. The applicant provides copies of a DD Form 214, a Peer Support Specialist Training Certificate, a resume cover letter, a VA voluntary services identification card, and an Honorable Discharge Certificate in support of this 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 he enlisted in the Army Reserve on 9 March 1960. He was awarded the military occupational specialty of parts clerk and was promoted to pay grade E-4.
3. The applicant's DA Form 24 (Service Record) shows he entered active duty for training on 27 March 1960. The DD Form 214 contained in his records shows he entered active duty for training on 27 March 1960 and was released from active duty on 12 September 1960 after completing 5 months and 16 days of active duty service.
4. The applicant provided an altered DD Form 214 which shows he entered active duty for training on 8 March 1960.
5. Army Regulation 635-5 (Separation Documents) provides that a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a DD Form 214 which shows he entered active duty for training on 8 March 1960. However, all evidence found in his records indicates he served on active duty for training during the period 27 March 1960 through 12 September 1960 for a total of 5 months and 16 days. Therefore, he is not entitled to correction of his DD Form 214 to show he served an additional 14 days of active duty.
2. The Board does not correct properly-constituted records solely for the purpose of enhancing an applicant's employment prospects or to establish eligibility for benefits.
3. 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) AR20090008746
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090008746
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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