IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20100025724 


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 item 11d (Effective Date) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.

2.  The applicant states he was extended on active duty for an additional 29 days beyond his initial release date and his DD Form 214 should be corrected to show 119 days of active duty service from 23 April to 19 August 1977.

3.  The applicant provides:

* self-authored statement
* AGUZ Form 115 (Statement of Retirement Points – Annual Statement), dated 20 October 1978
* five assignment/reassignment orders
* National Archives and Records Administration Form 13038 (Certification of Military Service)
* DD Form 214
* National Personnel Records Center letter, dated 25 August 2010

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.  On 6 January 1975, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT)/O-1.  His branch at that time was unassigned.

3.  The Reserve Components Personnel and Administration Center (RCPAC) published Orders T-03-38367, dated 9 March 1977, ordering the applicant to active duty for training (ADT) for the purpose of attending the Army Medical Department Officer Basic Course (OBC) for the approximate period 26 April through 26 July 1977.

4.  On 23 April 1977, the applicant entered ADT and was awarded area of concentration 67B (Field Medical Assistant).

5.  RCPAC published Orders T-07-14977, dated 21 July 1977, ordering the applicant to ADT for 23 days to attend ADT Counterpart Training for duty as a project officer.

6.  The applicant's official military personnel file (OMPF) includes a DD Form 214 covering the period 23 April to 22 July 1977.  This document is partially legible and includes the following items which appear to show the indicated entries:

* item 9d (Effective Date) – "77  07  22"
* item 15 (Date Entered Active Duty This Period) – "77  04  23"
* item 18a (Net Service This Period) – "00  03  00"
* item 18b (Prior Active Service) – "00  00  00"
* item 18c (Total Active Service (a+b)) – "00  03  00"
* item 18d (Prior Inactive Service) – "02  03  18"
* item 18e (Total Service for Pay (c+d)) – "02  06  17"

7.  RCPAC published Orders T-08-16326, dated 5 August 1977, amending Orders T-07-14977, dated 21 July 1977, to show the applicant was ordered to active duty for a period of 28 days instead of 23 days.

8.  On 29 March 1978, RCPAC issued an AGUZ Form 115 documenting the applicant's retirement points for the period 6 January 1977 through 5 January 1978 and it shows he served on active duty for 91 days from 23 April through 22 July 1977.

9.  On 20 October 1978, RCPAC issued an AGUZ Form 115 correcting the applicant's active duty service performed during the period 6 January 1977 to 5 January 1978.  It shows he completed 91 days of active duty service from 23 April through 22 July 1977 and 28 days of active duty service from 23 July through 19 August 1977, for a total of 119 days of active duty service.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for completing the DD Form 214.  The instructions in effect at the time of the applicant's 25 May 1978 discharge stated the date entered in item 15 would be the date the member entered active duty for this period of service.  The instructions for item 18a stated this period would be arrived at by subtracting the date entered in item 15 from item 9 of the DD Form 214, item 18b would contain all prior active duty service performed, item 18c would be arrived at by adding items 18a and 18b, item 18d would contain all prior inactive duty service, and item 18e would be arrived at by adding 18c and 18d.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his active duty service from 23 April through 19 August 1977 has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was appointed as a 2LT in the U.S. Army Reserve on 6 January 1975, ordered to ADT for the purpose of completing OBC, and served on active duty from 23 April to 19 August 1977, as evidenced by his assignment orders and the AGUZ Forms 115 contained in his OMPF.  Item 9d of his DD Form 214 currently shows he was released from ADT on 22 July 1977 and should be corrected at this time to show the entry "77  08  19" and to amend the applicable entries in item 18 (Record of Service) accordingly.


BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the following items of the applicant's DD Form 214:

	a.  item 9d – deleting the current entry and replacing it with the entry "77  08  19,"

	b.  item 18a – deleting the current entry and replacing it with the entry "00  03  27,"

	c.  item 18c – deleting the current entry and replacing it with the entry "00  03  27,"

	d.  item 18e – deleting the current entry and replacing it with the entry "02  07  14," and

	e.  by issuing him a correction to his DD Form 214 that reflects these changes.



      ____________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)                                         AR20100025724



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ABCMR Record of Proceedings (cont)                                         AR20100025724



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