IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100007168
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 he be issued a DD Form 214 (Separation Document) for the period 23 April 1967 through 8 November 1967.
2. The applicant states his personnel records do not indicate he had active duty service for 90 consecutive days. He contends he was on active duty from 23 April 1967 through 8 November 1967, but his personnel records do not contain a DD Form 214 for this period of service.
3. The applicant provides copies of his DD Form 4 (Enlistment Record Armed Forces of the United States), DA Form 20 (Enlisted Qualification Record), discharge orders, and a letter from the National Personnel Records Center in support of this 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's records show he enlisted in the U.S. Army Reserve on 12 July 1966.
3. Item 38 (Record of Assignments) of his DA Form 20 shows that on 23 April 1967 he was assigned to the U.S. Army Artillery and Missile Officer Candidate School (USAAMOCS), Fort Sill, Oklahoma. Item 42 (Remarks) of his DA Form 20 further shows he was released from the USAAMOCS on 7 November 1967. His official military personnel file does not include a DD Form 214 for this period of service.
4. The applicant was discharged from the U.S. Army Reserve effective 30 June 1972.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
6. Army Regulation 635-5, in effect at the time, provided that a DD Form 214 would be issued to each member of the Reserve Component called or ordered to active duty or active duty for training for a period of 90 days or more.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be issued a DD Form 214 for the period 23 April 1967 through 8 November 1967 has been carefully reviewed.
2. His DA Form 20 clearly shows he was assigned to the USAAMOCS and held an active duty status from 23 April 1967 through 7 November 1967 (199 days or 6 months and 16 days). There is no indication he was issued a DD Form 214 for this period of active duty service. The governing regulation at the time required that a DD Form 214 be issued to each member of the Reserve Component called or ordered to active duty or active duty for training for a period of 90 days or more. Therefore, it would be appropriate to issue him a DD Form 214 reflecting his active duty service from 23 April 1967 through 7 November 1967 at this time using his DA Form 20 as documentation.
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 issuing the applicant a DD Form 214 reflecting his active duty service from 23 April 1967 through 7 November 1967.
__________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) AR20100009488
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ABCMR Record of Proceedings (cont) AR20100007168
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