BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090015576
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 (Certificate of Release or Discharge from Active Duty) to show the number of years and months that he held specialty 56A (Chaplain).
2. The applicant states that his DD Form 214 does not show he was a chaplain for more than 20 years.
3. The applicant provides, in support of his application, copies of his DD Form 214, Officer Record Brief, DD Form 2656 (Data for Payment of Retired Personnel),and DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement (DFAS)).
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. At the time of his application, the applicant was a Retired Army lieutenant colonel/O-5.
3. On 29 April 1982, the applicant accepted an appointment in the United States Army Reserve as a chaplain in the rank of first lieutenant, pay grade O-2. On
9 June 1982, the applicant entered active duty, completed the Chaplain Officer Basic Course and was promoted to the rank of captain on 1 January 1983. He continued to serve on active duty as a chaplain until his retirement for length of service on 31 July 2002. He completed 20 years, 1 month, and 22 days of net active service.
4. Item 11 (Primary Specialty) of the applicant's DD Form 214 shows he held a Chaplain's specialty for zero years and zero months.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It provides that the entry in Item 11 will show the title and the number of years and months served for each area of concentration held by an officer for at least a year. It also provides that 16 days or more count as a month.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the number of years and months he served as a chaplain.
2. The evidence clearly shows the applicant was appointed as a chaplain and served as such for his entire period of active service. Therefore, his DD Form 214 should be corrected to show this 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:
a. deleting from Item 11 of his DD Form 214 "0 YRS - 0 MOS" and
b. adding to Item 11 of his DD Form 214 "20 YEARS AND 2 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.
ABCMR Record of Proceedings (cont) AR20090015576
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ABCMR Record of Proceedings (cont) AR20090015576
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