BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100009872
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 the missing data indicated by "NA" (not available) as shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states that most of the information on his DD Form 214 is missing.
3. The applicant provides a copy of his DD Form 214.
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 was commissioned as a U.S. Army Reserve (USAR) Transportation Corps second lieutenant on 1 June 1969 and was subsequently granted an educational delay of entry on active duty to attend law school.
3. He was promoted to the rank of first lieutenant (1LT) on 3 June 1972 and on 7 August 1972 he was ordered to initial active duty for training (IADT) for a period of 3 months for the purpose of attending the Transportation Officer Basic Course at Fort Eustis, Virginia.
4. On 7 November 1972, he was honorably released from IADT and was transferred to the USAR Control Group (Annual Training). He served 3 months and 1 day of active duty for training. His DD Form 214 issued at the time of his release contains numerous blocks in which data was not entered.
5. A review of his official records reflects the following information:
* his pay grade was O-2
* his date of rank was 3 June 1972
* he was a U.S. Citizen
* his place of birth was Atlanta, GA
* his date of birth was 21 July 1947
* his Selective Service number was 9 45 47 1590
* his Selective Service Board was Local Board 62, Atlanta, Fulton, GA, 30318
* his last duty assignment and major command was U.S. Army Transportation School (USATSCH), Fort Eustis, VA, TC
* the district, area command or corps to which he was transferred was USAR Control Group (Annual Training), Reserve Components Personnel and Administration Center (RCPAC), St. Louis, MO
* his terminal date of Reserve/universal military training and service (UMT&S) obligation was 31 May 1977
* his current active service other than by induction was "Other IADT"
* his grade, rank at time of entry was 1LT
* his place of entry into current active service was Fort Eustis, VA
* his specialty number and title was 88A - Transportation Officer
* he was paid for 8 days of accrued leave
* he had elected $15,000.00 of Servicemen's Group Life Insurance Coverage
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been noted and appear to have merit. His DD Form 214 was prepared at the time of his release from IADT and contains numerous blocks of missing information.
2. Accordingly, it would be appropriate at this time to correct his DD Form 214 by deleting the "NA" entries and replacing them with the following information in:
* block 5b O2
* block 6 3 Jun 72
* block 7 yes
* block 8 Atlanta, GA
* block 9 21 Jul 47
* block 10a 9 45 47 1590
* block 10b Local Board 62, Atlanta, Fulton, GA 30318
* block 12 USATSCH, Fort Eustis, VA, TC
* block 14 USAR Control Group (Annual Training) RCPAC, St. Louis, MO
* block 16 31 May 77
* block 17 Other IADT
* block 19 1LT
* block 20 Fort Eustis, VA
* block 23a 88A Transportation Officer
* block 26b 8 days
* block 29 $15,000.00
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ __x______ ___x__ 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 deleting the "NA" entries on his DD Form 214 and replacing them with the following information:
* block 5b O2
* block 6 3 Jun 72
* block 7 yes
* block 8 Atlanta, GA
* block 9 21 Jul 47
* block 10a 9 45 47 1590
* block 10b Local Board 62, Atlanta, Fulton, GA 30318
* block 12 USATSCH, Fort Eustis, VA, TC
* block 14 USAR Control Group (Annual Training) RCPAC, St. Louis, MO
* block 16 31 May 77
* block 17 Other IADT
* block 19 1LT
* block 20 Fort Eustis, VA
* block 23a 88A Transportation Officer
* block 26b 8 days
* block 29 $15,000.00
__________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) AR20100009872
3
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