IN THE CASE OF:
BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090010115
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 DD Form 214 (Report of Separation from Active Duty) to show that he completed his full term of active duty service.
2. The applicant states that the special instructions on his separation orders credited him with the full 24 months of active duty service.
3. The applicant provides, in support of his application, copies of his DD Form 214 and separation orders.
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. On 21 June 1972, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and he was awarded military occupational specialty (MOS) 63J (Quartermaster Light Equipment Repairman). He was subsequently assigned for duty at Fort Jackson, SC.
3. On 21 October 1973, the applicant was advanced to the rank/grade of private first class (PFC)/E-3.
4. Special Orders Number 49, paragraph 15, United States Army Personnel Center, Fort Jackson, dated 12 March 1974, released the applicant from active duty effective 21 March 1974 and assigned him to A Company, 365th Engineer Battalion, United States Army Reserve (USAR), located in Wilkes-Barre, PA, effective 22 March 1974. The special instructions provided that the applicant was to report for duty at his new unit on 21 May 1974. He was also credited with his full term of active duty of 24 months.
5. On 21 March 1974, the applicant was honorably released from active duty and transferred to his assigned USAR unit. He had completed 1 year, 9 months, and 1 day of creditable active duty service. The special instruction on his discharge order regarding credit for a completed active duty term of service was not recorded in Item 27 (Remarks) of his DD Form 214.
6. Army Regulation 635-5 (Separation Documents), effective 23 August 1973, provided detailed instructions for completing separation documents, including the DD Form 214. It provided, in pertinent part, that Item 27 (Remarks) would be used for entries authorized by Headquarters, Department of the Army for which a separate item was not available on the DD Form 214, or that were too long for entry in their respective blocks.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he was credited with completing his full term of active duty service.
2. The applicant's records clearly show that he was released from active duty for the purpose of assignment to a USAR unit. Furthermore, his separation orders specifically credited him with completion of his full term of active duty service
(24 months).
3. In view of the above, the applicant's DD Form 214 should be corrected to show that he was credited with completing his full term of active duty service.
BOARD VOTE:
____X___ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the entry "Soldier granted early release from active duty for purpose of assignment to a USAR unit." "Soldier is credited with his full term of active duty service (24 months)".
___________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.
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