IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100016265
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Ready Reserve.
2. The applicant states his DD Form 214 does not show he served in the Ready Reserve.
3. The applicant provides:
* DD Form 214
* DD Form 44 (Record of Military Status of Registrant)
* discharge orders from the U.S. Army Reserve (USAR)
* Standard Form 46 (U.S. Government Motor Vehicle Operator's Identification Card)
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 records show he enlisted in the Regular Army for a period of 3 years on 7 February 1958. He completed basic combat and advanced individual training and he was awarded military occupational specialty 111.17 (Light Weapons Infantryman).
3. His records also show he served at Fort Campbell, KY, and in Korea. He attained the rank/grade of private first class/E-3.
4. He was honorably released from active duty on 9 December 1960 and he was transferred to the USAR Control Group to complete his remaining service obligation. His DD Form 214 shows he completed 2 years, 10 months, and 2 days of creditable active service.
5. Subsequent to his release from active duty he served in the USAR with Company M, 361st Regiment, Modesto, CA, as shown on his DD Form 44. He was honorably discharged from the USAR on 15 December 1966 by reason of expiration of his term of service.
6. There is no indication he performed any period of active duty between the date he was released from active duty on 9 December 1960 and the date he was discharged from the USAR on 15 December 1966.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered active duty on 7 February 1958 and he was honorably released from active duty on 9 December 1960. He was issued a DD Form 214 for this period of active duty. He subsequently served in the USAR between 9 December 1960 and 15 December 1966. However, there is no indication he performed any period of active duty of 90 or more continuous days in duration that would have required the issuance of a DD Form 214.
2. Additionally, even if he had completed any period of active duty of less than 90 days in duration, this service would have occurred outside the period covered by the DD Form 214 that was issued on 9 December 1960. Therefore, this service cannot be entered on the previously-issued DD Form 214.
3. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on the termination of a Soldier's service.
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) AR20100016265
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100016265
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130006329
IN THE CASE OF: BOARD DATE: 21 November 2013 DOCKET NUMBER: AR20130006329 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1.
ARMY | BCMR | CY2010 | 20100026710
On 10 January 1962, by personnel action, the applicant requested release from active duty, if eligible, based on erroneous order to active duty from the Standby Reserve. There is no evidence he served on active duty between the date he was released from active duty on 20 February 1962 and the date he was ultimately discharged from the USAR on 31 May 1964 upon completion of his military service obligation. It provides a brief, clear-cut record of active duty service at the time of release...
ARMY | BCMR | CY2010 | 20100026386
Application for correction of military records (with supporting documents provided, if any). He was issued a DD Form 214 that shows in 18c he entered an AD on 1 October 1961. The regulation states a DD Form 214 would be issued to each member of the Reserve components ordered to ADT for a period of 90 days or more.
ARMY | BCMR | CY2011 | 20110002026
A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. He was issued a DD Form 214 for this period of active duty. However, the evidence of record indicates that all of his active duty service was active duty for training.
ARMY | BCMR | CY2012 | 20120008409
His record contains four DD Forms 214. a. In light of his overall record of service, it would be appropriate to award him the AGCM (3rd Award) for this period and to correct his final DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Headquarters, 83d Ordnance Battalion (Ammunition), General Orders Number 3, dated 7 March 1963, to show the period for the AGCM (2nd Award) as "28...
ARMY | BCMR | CY2009 | 20090017837
As evidence to support his application, the applicant provided a copy of his Pennsylvania Driver's License showing his date of birth as 08/24/1959 [24 August 1959]. The applicant contends that his DD Form 214 should be corrected to show his birth year as 1959. All official documents contained in his military records show a date of birth of 24 August 1958.
ARMY | BCMR | CY2013 | 20130001855
IN THE CASE OF: BOARD DATE: 17 September 2013 DOCKET NUMBER: AR20130001855 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 February 1966 to show award of the Army Commendation Medal. U.S. Army Reserve Personnel Command, St. Louis, MO, Orders P-06-303705, dated 1 June 2000, retired him and placed him on the Retired List in the grade of sergeant...
ARMY | BCMR | CY2008 | 20080012896
The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) for the period ending 14 November 1962 be corrected to show his service in the U.S. Army Reserve (USAR) during the period 1963 to 1964. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. There is no evidence of record which shows the applicant served on active duty for one year during the period 1963 to 1964.
ARMY | BCMR | CY2014 | 20140020307
The applicant requests, in effect, correction of his military records to show: a. he was promoted to chief warrant officer three (CW3) prior to retiring in 1977; b. his retirement adjusted to reflect this promotion and the benefits of such promotion; and c. he was originally promoted to specialist five (SP5), pay grade E-5, on 4 May 1959. The applicant contends that his military records should be corrected to show: a. he was promoted to chief warrant officer three (CW3) prior to his...
ARMY | BCMR | CY2014 | 20140020132
The applicant states: * he served in an enlisted, warrant, and commissioned officer status; he did not receive a DD Form 214 for his warrant officer service * he served on active duty in a warrant officer status from 8 November 1966 to 6 November 1969; he completed a tour in Vietnam during this period * he did not receive credit for the tour in Vietnam because of the missing DD Form 214 * the previous case indicated that a DD Form 214 for this period is not available and is presumed it was...