IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100009948
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 Block 14 (District Area Command or Corps to Which Reservist Transferred) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed Advanced Individual Training (AIT) at Fort Polk, LA.
2. The applicant states Block 14 is incorrect. He also adds he signed up for U.S. Savings Bonds at Fort Polk, but never received them.
3. The applicant provides a self-authored typewritten note and 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 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 Regular Army for 2 years on 12 February 1971, with a 6-year total service commitment expiring on 11 February 1977. He completed Basic Combat Training (BCT) at Fort Dix, NJ and AIT at Fort Polk. He was awarded military occupational specialty 94B (Cook) and he was transferred to Germany for his first permanent duty assignment.
3. The applicant served in Germany for 10 months and 5 days. He was then transferred back to the United States. He served the remainder of his enlistment at Fort Dix.
4. The applicant was honorably released from active duty (REFRAD) at Fort Dix on 9 February 1973 after serving 1 year, 11 months, and 28 days of creditable active service of his 6-year commitment. Therefore, he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), Reserve Components Personnel and Administration Center (RCPAC), St. Louis, MO to serve out his remaining service obligation.
5. The applicant's service records contain no evidence of the purchase of U.S. Savings Bonds. The applicant's pay records are not available and he did not provide any pay records.
6. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. It states the DD Form 214 is prepared for all Soldiers at the time of their discharge, retirement, or release from the Active Army. At the time of the applicant's REFRAD, the guidance for completing Block 14 stated, "If at time of separation the individual is transferred or reverts to USAR
, enter Control Group (Annual Training, Reinforcement, or Stand-by), as applicable."
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 is correct as to the entry in Block 14. There is no error or injustice. He was transferred to the USAR Control Group (Annual Training) to serve out his Reserve obligation through 11 February 1977.
2. There is no evidence in the record, and the applicant has provided no evidence, to show that he ever purchased U.S. Savings Bonds during his active service. This Board is unable to provide him information about any savings bonds he may have purchased. He should go to the Department of the Treasury internet website to search the "Treasury Hunt" database.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, 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) AR20100009948
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009948
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 20040011141C070208
The applicant requests his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected in Blocks 11 and 14 to show his MOS (military occupational specialty) as 75D (Personnel Records Specialist). There is evidence in the record that the applicant enlisted for training in MOS 75D. Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 May 1985, the date he was discharged from the USAR; therefore, the time for the...
ARMY | BCMR | CY2010 | 20100009872
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. His DD Form 214 issued at the time of his release contains numerous blocks in which data was not entered. 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...
ARMY | BCMR | CY2009 | 20090007413
The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show his blood type is "B" Positive; his rank/grade was private first class (PFC)/E-3; that he completed basic training at Fort Bragg, NC; that he completed 1 year in Vietnam; that he completed 2 years in the Regular Army (RA); that he completed 4 years of high school at Benjamin Franklin High School in Philadelphia, PA; that he completed advanced individual training (AIT) at Fort Polk, LA;...
ARMY | BCMR | CY2013 | 20130005755
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his place of entry into active duty as Fresno, California and the location of his advanced individual training (AIT) as Fort Benning, Georgia. The evidence also clearly shows that the applicant attended AIT at Fort Benning, Georgia, and not at Fort Polk, LA as indicated on his DD Form 214. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2004 | 20040010195C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 AUGUST 2005 DOCKET NUMBER: AR20040010195 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. In August 1969, his unit commander recommended his elimination under the provisions of Army Regulation 635-206, stating that the applicant had been convicted of forgery in a criminal court in Florida on 17 March...
ARMY | BCMR | CY2005 | AR20050014836C070206
A review of his records shows no evidence that the FSM was ever advanced past the pay grade of E-4 while on active duty during the period covered by the DD Form 214 dated 26 October 1966. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to show through the evidence submitted with his application or the evidence of record...
ARMY | BCMR | CY2012 | 20120002675
Upon his return from AIT, he was told that his unit had been reassigned to Fort Sam Houston in San Antonio, TX, which was almost 200 miles away. 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. It also shows he agreed to...
ARMY | BCMR | CY2002 | 2002081142C070215
The Board concluded that the applicant's commander recommended that he be placed in the IRR; however, his DD Form 214 and orders confirmed that the applicant's discharge was directed and fail to show transfer. The separation authority directed transfer to the IRR; however, the applicant's orders and DD Form 214 failed to show transfer. The regulation clearly stated that soldiers separated for unsatisfactory performance whose service is characterized as honorable would be transferred to the IRR.
ARMY | BCMR | CY2012 | 20120011087
The applicant requests an upgrade of his discharge under other than honorable conditions to general under honorable conditions and a copy of his service records. The ABCMR corrects records; however, the Board is not the custodian of military records and therefore does not provide copies of military records. The applicant was required to attend all scheduled unit training assemblies and annual training periods and he was required to find a new Reserve unit in Delaware.
ARMY | BCMR | CY2002 | 2002069373C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His DD Form 214 (original contained in his records) contains an “X” in the “other” box of block 19 and contains the remarks “Ordered to ACDUTRA.” The evidence of record clearly shows that he was in fact ordered to ACDUTRA and the appropriate block of “other” was “X’d” to indicate ACDUTRA.