IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016188
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 Item 6 (Effective Date of Separation) on his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 6 December 1956, to show 22 February 1957.
2. He states he believes his record should be corrected to ensure that Department of Veterans Affairs health benefits and disability payments are calculated using the proper length of service.
3. He provides:
* 1956 DD Form 214
* Redeployment Orders (Separation)
* Special Orders Number 49 and 51
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. His military records show he was inducted into the Army of the United States on 7 December 1954 for 2 years. He completed training and was awarded military occupational specialty 911.10 (Ambulance Driver). He was honorably released from active duty in pay grade E-3 on 6 December 1956 and transferred to the U.S. Army Reserve (USAR).
3. Item 22 (Net Service Completed for Pay Purposes This Period) of his DD Form 214, dated 6 December 1956, shows he was credited with 2 years of net active service.
4. The available evidence shows he entered active duty from Reserve status on
7 December 1956. He was honorably released from active duty on 22 February 1957, in pay grade E-3, and he was reverted back to a USAR status.
5. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which shows in Item 11d (Effective Date), 22 February 1957. Item 18c (Date of Entry) shows he entered active duty on 7 December 1956. Item 24 (Net Service This Period) shows he was credited with 2 months and 16 days of net active service.
6. He was discharged from the USAR on 30 November 1962.
7. Army Regulation 635-5 (Personnel Separation Separation Documents), then in effect, governed the preparation of the DD Form 214. The regulation stated a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The effective date the Soldier was released or separated from active duty would be shown in Item 6.
8. Army Regulation 635-5, then in effect, specified the date the Soldier entered on active duty status would be shown in Item 11d.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted in the Army of the United States for 2 years and entered active duty on 7 December 1954. He was released from active duty and transferred to the USAR at the completion of
2 years of service on 6 December 1956. He was provided a DD Form 214 for this period of service.
2. The evidence also shows he entered active duty from a USAR status on 7 December 1956 and he served until he was released from active duty on
22 February 1957 and reverted back to a USAR status. He served in a USAR status until he was discharged on 30 November 1962.
3. In accordance with regulatory guidance in effect at the time, Item 6 of his
DD Form 214, dated 6 December 1956, properly shows "6 December 1956" as his effective date of separation from active duty. Therefore, he is not entitled to correction of this DD Form 214, Item 6, to show he was released from active duty on 22 February 1957.
4. He was properly issued a second DD Form 214 showing he entered active duty from the USAR on 7 December 1956 and he was released on 22 February 1957 and reverted back to a USAR status. A copy of this DD Form 214 will be provided to him.
5. In view of the foregoing, there is no basis for granting his 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 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) AR20100016188
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ABCMR Record of Proceedings (cont) AR20100016188
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