BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100015018 


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 records to show he had 3 years of active duty service as of 31 January 1968.

2.  The applicant states he served on active duty from February 1965 to February 1968.  He also states the U.S. Army Human Resources Command, St. Louis, MO, only shows he completed 2 years of active duty.

3.  The applicant provides copies of his Honorable Discharge Certificate and active duty 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 DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army (RA) for a period of 3 years on 21 February 1962.

3.  The applicant's DA Form 24 (Service Record), section 4 (Chronological Record of Military Service), shows:

	a.  he departed the continental United States on 5 September 1962 and arrived in U.S. Army Europe [Germany] on 20 September 1962, and

	b.  he departed U.S. Army Europe on 2 February 1965 and arrived in the continental United States on 11 February 1965.

4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 February 1965 shows the applicant entered active duty on 21 February 1962, was honorably released from active duty (REFRAD) on 11 February 1965 based on his early release as an overseas returnee, and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement), XXI U.S. Army Corps, to complete his Reserve obligation.  At the time he was credited with completing 2 years, 11 months, and 21 days of net active service during this period and 2 years, 5 months, and 2 days of foreign service.

5.  U.S. Army Administration Center, St. Louis, MO, Letter Order 
USAR 02-186049, dated 20 February 1967, subject:  USAR Assignment or Transfer, shows the applicant was relieved from the USAR Control Group (Reinforcement) on 20 February 1967 and transferred to the USAR Control Group (Standby) effective 21 February 1967 based on completion of his Individual Ready Reserve (IRR) obligation.

6.  U.S. Army Administration Center, St. Louis, MO, Letter Order USAR [unnumbered], dated 28 January 1968, subject:  Discharge from USAR, shows the applicant was honorably discharged from the USAR effective 31 January 1968.

7.  A DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes), dated 25 February 1994, shows he served in an enlisted status in the:

	a.  U.S. Army on active duty from 21 February 1962 to 11 February 1965 and was credited with 2 years, 11 months, and 21 days of active service and

	b.  USAR (IRR) not on active duty from 12 February 1965 to 20 February 1968 and was credited with 3 years and 9 days of inactive service.

8.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 January 1997 shows the applicant entered active duty on 7 October 1985, was honorably retired from active duty on 22 January 1997 based on disability (temporary), and was transferred to the USAR Control Group (Retired).  At the time he was credited with completing 11 years, 3 months, and 16 days of net active service this period; 3 years, 3 months, and 8 days of total prior active service; and 10 years, 7 months, and 20 days of total prior inactive service.

9.  U.S. Total Army Personnel Command, Alexandria, VA, Orders D106-2, dated 2 June 1998, removed the applicant from the Temporary Disability Retired List and permanently retired him in the rank of staff sergeant effective 3 June 1998.

10.  U.S. Army Reserve Personnel Command Form 249-2-E (Chronological Statement of Retirement Points) shows the applicant had creditable service in the RA from 21 February 1962 through 11 February 1965 and he was credited with 2 years, 11 months, and 21 days of qualifying service for retirement for this period of service.  It also shows he:

* served in the USAR from 12 February 1965 through 20 February 1968
* had a break in service from 21 February 1968 through 1 November 1977
* served in the USAR from 2 November 1977 through 2 June 1998
* had no active service from 12 February 1965 through 31 January 1968

11.  The applicant provides the following documents.

	a.  A DD Form 256A (Honorable Discharge Certificate) honorably discharged the applicant from the USAR and U.S. Army on 31 January 1968.

	b.  U.S. Army Reserve Personnel Center, St. Louis, MO, 
Orders R-09-004835, dated 13 September 1985, ordered the applicant to active duty in an Active Guard Reserve status for a period of 3 years on 23 September 1985.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty in February 1965, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

	b.  Paragraph 47 (Item 24 (Statement of Service) provides detailed instructions for computing creditable service for basic pay.  The instructions for item 24a(1) (Net Service This Period) state to enter the total service completed between the dates shown in item 16 (Date Inducted) or item 19c (Current Active Service Other Than by Induction - Date of Entry) and item 11d (Effective Date).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he completed 3 years of active duty service during the period February 1965 to 31 January 1968.

2.  The evidence of record shows the applicant entered active duty on 21 February 1962 and he was honorably REFRAD on 11 February 1965.  He was credited with completing 2 years, 11 months, and 21 days of net active service this period.

3.  The applicant was transferred to the USAR Control Group (Reinforcement) on 12 February 1965.  He was honorably discharged from the USAR on 31 January 1968.

4.  There is no evidence of record and the applicant provides insufficient evidence to show he completed any active duty service during the period 12 February 1965 through 31 January 1968.

5.  Therefore, 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.

ABCMR Record of Proceedings (cont)                                         AR20100015018



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ABCMR Record of Proceedings (cont)                                         AR20100015018



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