IN THE CASE OF:
BOARD DATE: 1 October 2009
DOCKET NUMBER: AR20090008936
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 correction of his records to show 4 years and 2 weeks of active service.
2. The applicant states that his employer (U.S. Postal Service) has only given him credit for 2 years of military service from the information on his DD Form 214 (Report of Separation from Active Duty). He further states the correction for years of service is for retirement purposes.
3. The applicant provides a copy of his DD Form 214 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 record shows he enlisted in the U. S. Army Reserve (USAR) Delayed Entry Program (DEP) on 19 November 1975. He was discharged from the USAR DEP on 1 December 1975 after serving 13 days of inactive service. On 2 December 1975 he enlisted in the Regular Army (RA) for a period of
3 years. He successfully completed initial entry training and he was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. The applicant's DD Form 214 shows he was honorably released from active duty on 6 December 1978. He was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 18c (Total Active Service) on his DD Form 214 shows he completed a total of 3 years and
5 days of active service.
4. Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he enlisted on 2 December 1975 and he was released from active duty on 6 December 1978 and he was transferred to the USAR Control Group (Reinforcement).
5. There is no evidence in the applicant's available records which shows he served on active duty beyond 6 December 1978.
6. Army Regulation 635-5 (Personnel Separations Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. (emphasis added) It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
7. Army Regulation 635-5, in effect at the time, stated that for item 18c, enter total active service by adding item 18a (Net Active Service This Period) and item 18b (Prior Active Service), less time lost under Title 10, U.S. Code, section 972.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he served on active duty for 4 years and
2 weeks has been carefully reviewed and found to be without merit.
2. The applicant's available records show he entered active on 2 December 1975 and he was released from active duty on 6 December 1978 for a total of
3 years and 5 days of total active service. There is no evidence of record and the applicant did not provide any evidence showing he had any additional active service prior to or following the inclusive dates on his DD Form 214. Therefore, there is no basis for granting the applicant's requested relief.
3. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that 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) AR20090008936
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ABCMR Record of Proceedings (cont) AR20090008936
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