BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090011383
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 his DD Form 256A (Honorable Discharge Certificate) from the U.S. Army Reserve (USAR) Control Group (Standby) to show his date of discharge as 5 January 1972 and his rank as specialist five (SP5)/pay grade E-5.
2. The applicant states he was in basic training on the date currently shown on the DD Form 256A he provided.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 256A 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 applicant's 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 applicant's 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 contain a DD Form 4 (Enlistment Record Armed Forces of the United States) which shows he enlisted in the USAR Control Group (Delayed) on 6 January 1966. His records show he enlisted in the Regular Army on 22 April 1966. He was awarded the military occupational specialty of surface equipment specialist and was promoted through the ranks to pay grade E-5.
3. The applicant was honorably released from active duty on 10 March 1969 and transferred to the USAR Control Group (Reinforcement) after completing 2 years, 10 months, and 18 days of creditable active service. The applicant's DD Form 214 shows his rank as SP5/pay grade E-5.
4. U.S. Army Reserve Components Personnel and Administration Center (RCPAC) Letter Orders Number 12-1322648, dated 29 December 1971, show the applicant was discharged from the USAR Control Group (Standby) in the rank of SP5/pay grade E-5 effective 5 January 1972.
5. Army Regulation 135-91 (Army National Guard and Army Reserve Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) indicates that a statutory military service obligation (MSO) is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment. Prior to 1 June 1984, most Soldiers incurred a
6-year statutory MSO.
6. Army Regulation 635-5 (Separation Documents), paragraph 2-10, prescribes that the DD Form 256A will be issued appropriately to all Soldiers receiving an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's enlistment date of 6 January 1966, RCPAC Letter Orders Number 12-1322648 show the applicant was honorably discharged from the USAR Control Group (Standby) on his terminal date of reserve obligation of 5 January 1972 in accordance with regulatory policy.
2. The applicant's DD Form 214 and RCPAC Letter Orders Number 12-1322648 show his rank as SP5/E-5. There is no evidence to show that he was subsequently assigned to a Reserve unit where a reduction in rank could have occurred. As such, it would be appropriate to correct his DD Form 256A to show his rank as SP5/pay grade E-5 with a discharge date of 5 January 1972.
3. In view of the foregoing, it would be appropriate to correct the applicant's records as shown below.
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 re-issuing him a DD Form 256A with the rank and grade of SP5/E-5 and a discharge date of 5 January 1972.
__________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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