IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100017866
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his service.
2. The applicant states that his DD Form 214 only reflects his service during his period of basic training and advanced individual training. However, he served from 21 December 1969 to 21 May 1975.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the U.S. Army Reserve (USAR) in Uniontown, Pennsylvania, on 22 December 1969 for a period of 6 years.
3. On 13 March 1970, he was ordered to active duty for training at Fort Leonard Wood, Missouri, where he underwent basic training and advanced individual training as an engineer equipment mechanic.
4. He completed his training and was honorably released from active duty on 12 July 1970. He had 4 months of active duty service and was returned to his USAR unit of assignment in Uniontown, Pennsylvania. He was advanced to pay grade E-4 on 5 October 1971.
5. On 5 May 1975, he was honorably discharged from the USAR due to medical disqualification.
6. A review of his records shows he never served more than 16 days of continuous active duty during annual training while in the USAR.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that a DD Form 214 will be prepared for Reserve Component Soldiers performing 90 days or more of continuous active duty. This regulation also provides that the DD Form 214 will reflect information that is current as of the date the form is issued and will not be retroactively corrected to add information that occurs subsequent to the date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 was correctly prepared to reflect his service during his active duty for training in 1970.
2. Inasmuch as he did not serve on active duty for a period of qualifying service for the issuance of a DD Form 214, he did not receive any subsequent DD Forms 214 to reflect all of his service. However, the applicant is not precluded from requesting a statement of service from the National Personnel Records Center in St. Louis.
3. However, he is not entitled to have his DD Form 214 corrected to reflect service that occurred after his DD Form 214 was issued on 12 July 1970.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_________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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