IN THE CASE OF:
BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090009882
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 item 11d (Effective Date) on his DD Form 214 (Report of Transfer or Discharge) for the period ending 24 August 1963 to show 3 September 1969.
2. The applicant states that the discharge date is incorrect on his DD Form 214 for the period ending 24 August 1963 and it should be 3 September 1969. He contends that he originally was in the Connecticut Army National Guard (CTARNG) and he was then sent to the U.S. Army Reserve (USAR) Control Group.
3. The applicant provides an Honorable Discharge Certificate from the USAR, dated 3 September 1969 and a copy of his DD Form 214 for the period ending
24 August 1963 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 enlisted in the CTARNG on 28 January 1963. He was ordered to active duty on 26 February 1963 for training. On 24 August 1963, he was released from active duty and he was transferred to the control of the CTARNG to complete his remaining service obligation.
3. The applicants DD Form 214 for the period ending 24 August 1963 shows he completed 5 months and 29 days of creditable active service.
4. On 18 September 1968, the applicant was honorably discharged from the CTARNG and he was transferred to the USAR Control Group (Delayed).
5. On 3 September 1969, the applicant was honorably discharged from the USAR Control Group (Delayed).
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge (emphasis added). Therefore, it is important that information entered is complete and accurate. It also established standardized policy for the preparation of the DD Form 214. It stated, in effect, that for item 11d, enter the date separation is accomplished.
DISCUSSION AND CONCLUSIONS:
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Evidence of record shows the applicant was ordered to active duty on
26 February 1963 for training and he was released from active duty on 24 August 1963 which is properly reflected on his DD Form 214 for the period ending
24 August 1963. Since the applicant was discharged from the USAR Control Group (Delayed) on 3 September 1969, almost 6 years after his release from active duty, there is no basis for amending item 11d on his DD Form 214 for the period ending 24 August 1963.
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) AR20090009882
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ABCMR Record of Proceedings (cont) AR20090009882
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