IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20090021904
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 item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 September 1969.
2. The applicant states he believes his activation date is incorrect. He contends he enlisted in the U.S. Army Reserve (USAR) and served 7 months; however, 120 days later his Reserve unit was activated and he served until 26 September 1969.
3. The applicant provides no documentary evidence in support of his 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 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 USAR on 16 April 1965 for a period of 6 years. He was ordered to active duty for training on 5 May 1965. He was released from active duty on 11 September 1965 and transferred to the USAR to complete his remaining service obligation.
3. Item 11d (Effective Date) of the applicant's DD Form 214 for the period ending 11 September 1965 shows the entry "11 SEP 65" [11 September 1965]. Item 19c (Date of Entry) of this DD Form 214 shows the entry "5 MAY 65" [5 May 1965].
4. The applicant was ordered to active duty from the USAR on 13 May 1968 for a period of 2 years. He served as a heavy vehicle driver and was honorably discharged by reason of physical disability (without severance pay) on 26 September 1969.
5. Item 17c of the applicant's DD Form 214 for the period ending 26 September 1969 shows the entry "13 MAY 68" [13 May 1968].
6. There is no evidence of record which shows the applicant was ordered to active duty on any dates other than 5 May 1965 and 13 May 1968.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. It stated, in effect, that for item 17c, enter the date of entry.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was ordered to active duty for training on 5 May 1965 and released from active duty on 11 September 1965, which is properly reflected on his DD Form 214 for the period ending 11 September 1965. He was subsequently ordered to active duty for a period of 2 years on 13 May 1968 and served for a little over 16 months, which is properly reflected on his DD Form 214 for the period ending 26 September 1969. Therefore, there is no basis for granting the applicants request to amend item 17c of his DD Form 214 for the period ending 26 September 1969.
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) AR20090021904
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ABCMR Record of Proceedings (cont) AR20090021904
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