BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100026386
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 to Item 24a(1) (Net Service This Period) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 October 1958.
2. He states that he was initially inducted into his Reserve unit and served 6 months of active duty for training (ADT) in 1958. After training, he was released back to his Reserve unit to complete the remaining 5 and 1/2 years. In 1960, his Reserve unit was activated during the Berlin Crisis for a year. In 1961, they were released back to the Reserve and told he would have to serve the remaining of his term in the Reserve.
3. He provides:
* DA Form 1270 (Transfer or Release to Reserve Component of the Army)
* 1958 DD Form 214
* An picture of himself and fellow members of the 464th Combat Engineer Battalion
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. The applicant's military records show that he enlisted in the United States Army Reserve (USAR) in pay grade E-1, on 24 January 1958, for 6 years. He was ordered to ADT and entered an AD status on 19 April 1958.
3. He was honorably released from AD on 18 October 1958, at the expiration of his term of service, and transferred to a Reserve unit. He was issued a DD Form 214 that shows in 18c (Date of Entry) he entered an AD status on 19 April 1958. Item 11d (Effective Date) shows he was separated from AD on 18 October 1958. He was credited with completing 6 months of net active service.
4. He was again ordered to ADT and entered an AD status from 22 August to 5 September 1959 and from 20 August to 3 September 1960.
5. He was ordered to AD and entered on 1 October 1961.
6. He was honorably released from AD on 5 August 1962 and transferred to a Reserve unit. He was issued a DD Form 214 that shows in 18c he entered an AD on 1 October 1961. Item 11d shows he was separated from AD on 5 August 1962. He was credited with completing 10 months and 5 days of net active service.
7. Letter Orders were issued by the U.S. Army Records Center, St. Louis, MO, discharging him from the USAR effective 31 December 1963.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. 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. It also stated Item 18c would contain the beginning date of the continuous period of active duty for issuance of the DD Form 214. Item 11d would contain the Soldier's transition (separation) date. Item 24a(1) would contain the total amount of service, less lost time, completed between the dates shown in items 18c and 11d of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. However, the evidence of record shows he enlisted in the USAR on 24 January 1958 and entered on ADT on 19 April 1958. He was released from AD on 18 October 1958 and properly issued a DD Form 214 for this period of service.
2. He was again ordered to ADT from 22 August to 3 September 1959 and from 20 August to 3 September 1960. In accordance with regulatory guidance, as a member of the USAR he was not authorized a DD Form 214 for a period of less than 90 days.
3. The evidence of record also shows he was ordered to AD and entered AD on 1 October 1961. He was released on 5 August 1962 and properly issued a DD Form 214 for this period of service. The evidence of record does not show he served on AD after 18 October 1958 and before 1 October 1961 for a period of 90 days or more. A copy of his 5 August 1962 DD Form 214 will be provided to him.
4. In view of the foregoing, he is not entitled to correction to Item 24a(1) of his DD Form 214 for the period ending 18 October 1958 to credit him with net active service for any other periods of AD 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 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) AR20100026386
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ABCMR Record of Proceedings (cont) AR20100026386
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