IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100010646
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 (Certificate of Release or Discharge from Active Duty) ending 2 July 1981 to show he entered on active duty on 30 May 1980 and was released from active duty (REFRAD) on 25 June 1981.
2. The applicant states the dates shown on his DD Form 214 are incorrect.
3. The applicant provides:
* DD Form 214 ending 2 July 1981
* Standard Forms 600 (Chronological Record of Medical Care)
* Standard Form 519A (Medical Record Radiographic Reports)
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. On 23 February 1980, the applicant enlisted in the U.S. Army Reserve for
6 years in pay grade E-1.
3. The applicant's records show he was ordered to 8 weeks of basic combat training effective 30 May 1980 in Orders Number 040-15, dated 23 February 1980. He was honorably REFRAD on 25 July 1980 and he returned to his U.S. Army Reserve unit of assignment. He was issued a DD Form 214 for this period of service.
4. On 26 September 1980, Initial Active Duty for Training (IADT) Order Number 227-1 was published ordering him to initial active duty for training for advanced individual training effective 23 January 1981. He was awarded military occupational specialty (MOS) 57E1O (Laundry and Bath Specialist).
5. He was REFRAD on 2 July 1981 upon completion of his MOS training and he was returned to his unit of assignment. His was issued a DD Form 214 for this period of service.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. However, they are not substantiated by the evidence of record.
2. His records show he served on active duty for basic training from 30 May 1980 and that he was REFRAD on 25 July 1980 when he completed his basic training.
3. He served on active duty for a second period for his advanced individual training from 23 January 1981 until 2 July 1981.
4. He was issued a DD Form 214 for both periods of active duty service. In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
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) AR20100010646
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