IN THE CASE OF:	 

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090020890 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his two weeks of summer camp service at Fort McCoy, WI.  He also requests recalculation of his subsequent active duty service while in the U.S. Army Reserve (USAR).

2.  The applicant states he joined the USAR in the summer of 1963 and he was assigned to his Reserve unit from August 1963 to August 1965, during which he  attended basic combat training from October 1963 to March 1964 and two weeks of summer camp at Fort McCoy, WI, in 1964.  He then transferred to the Air National Guard and subsequently served in Korea and completed two more summer camps in 1966 and 1967.  Although he fulfilled his 6-year military obligation, his records do not reflect completion of 2 full years of active duty, short of a few months.  His DD Form 214 only shows his basic combat training which was 4 months and 22 days.  

3.  The applicant did not provide any additional documentary evidence.

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 records show he enlisted in the USAR for a period of 6 years on 30 August 1963.  He was subsequently assigned to Headquarters and Headquarters Battery, 3rd Battalion, 321st Artillery, St. Joseph, MO.

3.  His records further show he entered active duty for training (ACDUTRA) on 29 October 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty 710.00 (Clerk).  

4.  He was honorably released from ACDUTRA on 20 March 1964 to the control of his Reserve unit.  The DD Form 214 he was issued shows he completed 4 months and 22 days of creditable active military service.  

5.  On 17 September 1965, Headquarters, XIX U.S. Army Corps, Fort Chaffee, AR, published Special Orders Number 182 honorably discharging him from the USAR, effective 2 September 1965. 

6.  There is no indication in his records that he performed any periods of active duty that would have warranted the issuance of a DD Form 214 subsequent to his release from active duty on 20 March 1964 and prior to his discharge from the USAR on 2 September 1965.

7.  Army Regulation 635-5 (Separation Documents) establishes the 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.  A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, full-time National Guard duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his two weeks of summer camp service at Fort McCoy, WI.  He also requests recalculation of his subsequent active duty service while in the USAR. 

2.  The evidence of record shows he enlisted in the USAR on 30 August 1963.  He subsequently entered ACDUTRA on 29 October 1963 and he was honorably released from active duty on 20 March 1964, and he was issued a DD Form 214 that captured this period of active duty.  He was ultimately discharged from the USAR on 2 September 1965.

3.  There is no evidence in his records that he performed any period of active duty, 90 days or more in duration, from the date he was released from ACDUTRA to the date he was discharged from the USAR.  Even if he completed 2 weeks of summer camp, this period was less than 90 days and would not have required the issuance of a separate DD Form 214.  Additionally, it would have occurred in the summer of 1964, outside the period covered by his DD Form 214 from 29 October 1963 to 20 March 1964.

4.  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.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.

5.  With respect to recalculation of his USAR service, the applicant is advised if he believes his chronological statement of retired points is incorrect and does not show all of his qualifying service for non-regular retirement, he must contact the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PSR, 1 Reserve Way, St. Louis, Missouri 63132-5200, for correction.  He must also submit documentary evidence such as his DD Form 214, National Guard Bureau (NGB) Form 23 (Army National Guard Retirement Credit Record), DA Form 1380 (Record of Individual Performance or Reserve Duty Training), and/or any other documents that may substantiate his entitlement to retirement points credit.

6.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20090020890





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ABCMR Record of Proceedings (cont)                                         AR20090020890



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