IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100013129
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to reflect 2 years of active service.
2. The applicant states he was released from active duty service with less than 5 months remaining on his 2-year service obligation as a result of a war-related injury. He further states that he does not dispute the dates shown on his DD Form 214; however, he was told that the State of Ohio would not honor his full military service credit for the Ohio Public Employees Retirement System unless his DD Form 214 reflects the full 2 years of military service.
3. The applicant provides no additional documentary evidence 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 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's military records show he was inducted into the Army of the United States on 6 May 1968 to serve a 2-year active duty requirement. He completed initial entry training, was awarded the military occupational specialty of medical corpsman, and was promoted to pay grade E-4.
3. His DD Form 214 shows he was honorably released from active duty on 9 December 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 7 months, and 4 days of creditable active service.
4. The DD Form 214 he received shows his reason and authority for separation as section VII, chapter 5 and chapter 6, Army Regulation 635-200 (Personnel Separations), with a separation program number (SPN) of 411.
5. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
6. Army Regulation 635-5, in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPN codes to be entered on the DD Form 214. It stated that the SPN code of 411 was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200 by reason of early separation of overseas returnees.
DISCUSSION AND CONCLUSIONS:
1. While the applicant correctly indicates the dates shown on his DD Form 214 are correct as constituted, he requests that this form reflect that he completed 2 years of active duty service in order to receive more State retirement credit. While the government chose to release him early from active duty to preclude a nonproductive reassignment, since there is no error in the dates of service, there is no basis for correcting his DD Form 214 to show he served 2 full years of active duty.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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 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.
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