IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090019211
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 that his records be corrected to show he was on active duty from June 1971 to June 1972.
2. The applicant states that only now does he have documentation that grants him service for the years requested.
3. The applicant does not provide any additional documents.
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 show that he was commissioned and entered active duty on 19 September 1969. He was awarded the area of concentration of infantry unit commander. He was honorably released from active duty early on 18 June 1971 to attend school. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) when he was separated.
3. The applicant was given an Officer Efficiency Report (OER) for the period 1 February 1971 to 17 June 1971. In Part II (Reporting Period and Duty Data) of this form, item b (Reason for Submitting Report) is marked "Other" and has "Separation" entered.
4. A statement of service shows the applicant served in the Army Reserve as a commissioned officer from 19 September 1969 to 26 January 1982 and as a commissioned officer in the Regular Army from 27 January 1982 to 30 September 1984. This form also records the applicant's active Federal service. In this section it is shown that the applicant served on active duty as a commissioned officer from 19 September 1969 to 18 June 1971. His next period of active duty started on 31 August 1972.
5. The applicant subsequently served on active duty as a commissioned officer from 31 August 1972 to 30 September 1984 and again from 6 December 1990 to 30 July 1991.
6. The applicant's Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points) shows the applicant retired on 1 February 2004 as a colonel with 34 years, 4 months, and 17 days of qualifying service for retired pay at age 60.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows he was released from active duty on 18 June 1971 and he was given a separation OER for the period ending 17 June 1971. As such, the preponderance of evidence shows the applicant was not on active duty from 18 June 1971 to 31 August 1972.
2. Without evidence to show the applicant reentered active duty during that time, there is insufficient evidence in which to correct his records.
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) AR20090019211
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ABCMR Record of Proceedings (cont) AR20090019211
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