BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100013448 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 August 1984, item 12d (Total Prior Active Service), to show his time on active duty for Basic Training (BT) in 1983 and item 12e (Total Prior Inactive Service) to credit him with time served from August 1984 until 25 October 1985.

2.  He states he recently went to the Department of Veterans Affairs (VA) to seek medical help and was told he was not entitled to VA benefits because he only had 2 months and 1 days of prior active duty time.  He reviewed his DD Form 214 and it showed that amount.  He went to BT at Fort Dix, NJ, in the summer of 1983 and his advanced individual training (AIT) at Fort Jackson, SC, the next summer.  This leads to his DD Form 214 being incorrect.  

3.  He also states when he informed his unit he was moving back to NJ, he was told they would find him a unit to relocate to.  In August 1984, he also tried to find a unit.  His old unit did not locate another unit for him until 25 October 1985 which made it 1 year before he could report to any unit.  When he got to the unit, he was only there for 2 hours when he was told there was no place for him except in St. Louis, MO.  In St. Louis he was placed in an active status until a unit was located.  He feels he should have received credit for that time.

4.  He provides:

* DD Form 1966/7 (page 7 of a DD Form 1966 (Record of Military Processing 0 Armed Forces of the United States))
* Initial Active Duty for Training (IADT) orders
* DA Form 2475-2 (Personnel Data - SIDPERS)
* 1984 relief from attachment orders
* DA Form 348 (Equipment Operator's Qualification Record)
* Five DA Forms 2496 (Disposition Form)
* Individual Score Card
* Amendment orders
* Two profile sheets
* Army Physical Readiness Test Scorecard
* Letter of Commendation
* Relief from ADT orders
* Two DD Form 214 Worksheets
* Two DD Forms 214
* 1984 Chronological Statement of Retirement Points
* 1985 unit assignment orders

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 enlisted in the U.S. Army Reserve (USAR), in pay grade E-3, on 7 April 1983, for 6 years.  

3.  A DA Form 220 (Active Duty Report) shows he entered on active duty for BT on 23 June 1983.  He was released from active duty (REFRAD) on 24 August 1983, for completion of BT.  He served on AD a period of 2 months and 1 day.

4.  On 1 August 1983, he was issued orders for IADT for AIT with a reporting date of 6 July 1984, for 7 weeks or upon completion of IADT.  



5.  He entered on active duty on 2 July 1984.  He was honorably released from ADT on 25 August 1984, for completion of military occupational specialty training/early release of Reserve Component personnel, and transferred to a Reserve unit.  He served on AD for a period of 1 month and 24 days.

6.  The DD Form 214 he was issued shows the following entries:

* Item 12a (Date Entered on Active Duty This Period) shows "84  07  02"
* Item 12b (Separation Date This Period) shows "84  08  25"
* Item 12c (Net Active Service This Period) shows "00  01  24"
* Item 12d (Total Prior Active Service) shows "00  02  01"
* Item 12e (Total Prior Inactive Service) shows "01  00  23"

7.  He was reassigned from his Reserve unit on 4 February 1986 for unsatisfactory participation and transferred to the USAR Control Group (Annual Training).  He was honorably discharged from the USAR Control Group on 6 April 1989.

8.  On 24 August 1994, he was provided a Retirement Points Record which showed he served in the USAR from 7 April 1983 to 1 July 1984, on ADT from 2 July 1984 to 25 August 1984, and in the USAR from 26 August 1984 to 6 April 1989.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214. It stated for:

* Item 12a, enter the beginning date of the continuous period of active duty for issuance of that DD Form 214, for which a DD Form 214 was not previously issued
* Item 12b, enter the Soldier’s transition date
* Item 12c, enter the amount of service this period, computed by subtracting Item 12a from Item 12b (less lost time)
* Item 12d, from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.  If not applicable, enter "00  00  00"
* Item 12e, from previously issued DD Forms 214 and/or Enlisted Record Brief (ERB) or USAR and Army National Guard service), enter the total amount of prior inactive service, less lost time, if any

10.  Army Regulation 635-5 also stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  A DD Form 214 would be prepared for Active Army Soldiers on termination of active duty or for Reserve Component Soldiers completing 90 days or more of continuous ADT.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on 7 April 1983 and served through 22 June 1983, a period of 2 months and 15 days.  He entered on AD for BT on 23 June 1983 and was REFRAD on 24 August 1983, serving a period of 2 months and 1 day.  He again served in the USAR from 25 August 1983 through 1 July 1984, a period of 10 month and 6 days, for total of 1 years and 21 days of total prior inactive service (USAR time).  He continued to serve in the USAR (a unit and Control Group) until his discharge on 6 April 1989.

2.  The evidence shows he was properly credited with time served in the USAR and on AD in items 12c, 12d, and 12e of his DD Form 214 for the period ending 25 August 1984.  He was REFRAD on 25 August 1984 and was not entitled to credit for time served in the USAR after that date on that DD Form 214.  

3.  The evidence of record also shows he received proper credit for his service in a Reserve unit and USAR Control Group after his REFRAD.  

4.  There is no evidence and he has provided none to show his DD Form 214 for the period ending 25 August 1984 is in error or that he was not properly credited with all of his USAR service time.  

5.  In view of the foregoing, there is no basis for granting his requested relief.

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)                                         AR20100013448



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ABCMR Record of Proceedings (cont)                                         AR20100013448



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