BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100026710 


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, through his Member of Congress:

* Issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Correction of his discharge certificate to show he was discharged due to a back injury

2.  The applicant states he was assigned to a unit that prohibited him from progressing from his field commission of E-5, which he got while in Korea, to either E-6 or higher.  He intended to make the military a career but he was injured while on active duty at Fort Lewis, WA, in 1964.  He was discharged from the hospital on a Saturday and someone failed to generate a DD Form 214 or present him with a discharge certificate upon his discharge from the service.  It took him another 20 years to get it and it still does not reflect his back injury that caused him to be discharged.  

3.  The applicant provides a letter to the Secretary of Defense and a letter from the Deputy Chief of Staff, G-1 (Army).

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 was born on 31 March 1939.  He enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 18 June 1956.  In connection with his enlistment in the USAR, he acknowledged that he understood he must complete 6 months of active duty for training (ACDUTRA) and the remainder of his enlistment as a member of the Ready Reserve.  He was initially assigned to Company B, 311th Military Police Battalion, Umatilla, OR, from June 1956 through June 1958.  

3.  He was ordered to ACUTRA on 21 June 1958.  He completed basic combat and advanced individual training at Fort Gordon, GA, and he was awarded military occupational specialty 951.10 (Military Policeman).  He was honorably released from ACDUTRA on 20 December 1958 and returned to his USAR unit to complete his remaining service obligation. 

4.  He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of active service that shows he completed 6 months of creditable active service.

5.  He was assigned to Company B, 379th Engineer Battalion, Pasco, WA, from September 1959 to February 1960.  However, on 27 October 1959, having accrued 7 unexcused absences, his unit commander recommended the applicant be ordered to 45 days of active duty and upon completion he be reassigned to a unit near his residence or to a control group.  

6.  On 29 October 1959, by endorsement, the applicant's battalion commander stated that he had contacted him but he, the applicant, was not inclined to make up the drills and did not appear to be interested in attending meetings.  He was advised of the consequences of his actions but still failed to attend the meeting that night or any subsequent nights.  Accordingly, the battalion commander recommended the applicant be ordered to active duty for 45 days.

7.  On 4 November 1959, he was ordered to active duty for 45 days, from 22 November 1959 to 5 January 1960, at Fort Lewis, WA, by reason of having been an unsatisfactory participant.

8.  He was assigned to Control Group (Annual Training) from March 1960 to December 1961.  

9.  On 10 December 1961, he was ordered to active duty at Fort Lewis, WA, for a period of 12 months.  He was assigned to Headquarters and Headquarters Company, 32nd Infantry Division. 

10.  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.  His request was approved on 29 January 1962.

11.  On 20 February 1962, he was issued a DA Form 1811 (Physical and Mental Status on Release from Active Duty) that shows his physical condition on 20 February 1962 was such that he was considered physically qualified for separation.  His physical profile on that date was "111111."  

12.  He was honorably released from active duty on 20 February 1962 and returned to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued for this period of service shows he completed 2 months and 11 days of creditable active service during this period.

13.  On 21 February 1962, he was assigned to the USAR Control Group (Standby).

14.  There is no indication in the available records that he performed any active service from the date he was released from active duty on 20 February 1962 to the date he was ultimately discharged from the USAR on 31 May 1964.

15.  There is no indication in the available medical records that he suffered from any injury or an illness during his military service.  

16.  He submitted a letter, dated 15 January 2011, from his spouse or sister to the Secretary of Defense, in which she states that the applicant went on active duty in March 1962 and he was sent to Korea.  He came back as a troubled individual and could not keep a job.  He was involved with alcohol for many years in an attempt to escape the nightmare and pain of his back injury.  He was ultimately able to obtain a discharge certificate; however, this certificate neither shows over 22 months of service in Korea nor does it reflect his broken back which occurred when he was thrown off a truck while unloading ammunition at Fort Lewis, WA, while awaiting reassignment.  She also states the applicant was assigned to a classified unit and that his service in Korea caused him post-traumatic stress disorder.  
17.  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.  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 ACDUTRA on 21 June 1958 and he was honorably released from ACDUTRA on 20 December 1958.  He was issued a DD Form 214 for this period of active duty.  

2.  Upon release from ACUTRA, he reverted to his Reserve status and he subsequently served in the USAR between 21 December 1958 and 9 December 1961; however, there is no indication he performed any period of active duty of 90 or more days in duration that would have required the issuance of a DD Form 214. 

3.  He was then ordered to active duty on 10 December 1961 and he was honorably released from active duty on 20 February 1962.  He was issued a DD Form 214 for this period of active duty.

4.  There is no evidence in his records and he did not provide any evidence that shows he served in Korea or that he incurred a back injury during his active service.  Additionally, even if he suffered a back injury, there is no provision to list an injury on the DD Form 214. 

5.  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. 

6.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

7.  In view of the foregoing evidence, the applicant is not entitled to the requested relief.
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)                                         AR20100026710



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ABCMR Record of Proceedings (cont)                                         AR20100026710



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