IN THE CASE OF:
BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090011766
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of his military time.
2. The applicant states he needs his veterans' benefits.
3. The applicant provides:
a. a 7 January 2009 letter from the Department of Veterans Affairs (VA) Regional Office, Indianapolis, IN, showing active service from "3/09/1981 to 06/17/1981";
b. a copy of VA Form 29-8286, dated 11 March 1981;
c. copies of two DA Forms 3686 (Leave and Earnings Statement); and
d. a schematic showing how to get from the Fort Sill, OK, entrance to the orderly room of Battery A, 6th Training Battalion.
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 U.S. Army Reserve (USAR) for 6 years on 6 January 1981 and a troop program unit (TPU) assignment with the 451st Field Depot, Indianapolis, IN.
3. The applicant entered active duty for training (ADT) on 9 March 1981 at Fort Lee, VA. He was trained as a materiel control and accounting specialist and was awarded military occupational specialty 76P. He was released from ADT on 17 June 1981 and his DD Form 214 shows he served 3 months and 9 days of active duty. Following separation, he was returned to his TPU.
4. The applicant's record shows he did not attend multiple unit training assemblies (MUTA) on 1 and 2 August 1981, 12 and 13 September 1981, and 5 and 6 December 1981. He was declared an unsatisfactory participant and was reduced to private/E-1). He reassigned from his TPU to the USAR Control Group (Reinforcement) effective 4 February 1982.
5. The applicant's records show he never served on active duty beyond his initial ADT period. On 22 January 1987, he was discharged from the USAR under other than honorable conditions.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It may be corrected; it may not be updated.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his DD Form 214 corrected to show all of his military time.
2. The applicant's military service was as a member of the USAR. He enlisted for 6 years on 6 January 1981; he served on ADT from 9 March 1981 through 17 June 1981; he was removed from his TPU assignment as an unsatisfactory participant on 4 February 1982; and he was discharged from the USAR under other than honorable conditions on 22 January 1987. His military service was less than honorable.
3. The applicant's DD Form 214 is correct in reflecting 3 months and 9 days of active duty. This is the only active duty performed by the applicant.
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) AR20090011766
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090011766
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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