IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100028335
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 October 1967 be corrected to show his active duty service in the U.S. Army Reserve (USAR) from February 1969 to June 1970.
2. The applicant states:
* his DD Form 214 does not reflect his Reserve active duty service with Headquarters and Headquarters Detachment, 4th Brigade (Combat Support Training), 98th Division (Training), Amherst, New York
* his Reserve active duty service included weekend duties [unit training assemblies] and one 2-week "summer camp" [annual training period] during the period February 1969 to June 1970
* he was not issued an updated DD Form 214 upon being released from his Reserve active duty
3. The applicant provides:
* assignment orders, dated 28 April 1970
* DD Form 214
* Honorable Discharge Certificate from the USAR, dated 30 June 1971
* Veterans Administration Certificate of Eligibility
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. He was ordered to active duty on 9 October 1965 from the USAR. He served as a military intelligence officer in Vietnam. On 8 October 1967, he was released from active duty and transferred to the USAR Control Group (Annual Training).
3. He was honorably discharged from the USAR on 30 June 1971.
4. There is no evidence of record which shows he served on active duty in the USAR during the period February 1969 to June 1970.
5. His U.S. Army Administration Center Form 115 (Statement of Retirement Points), dated 22 September 1970, shows he received no active duty retirement points during the period 6 June 1969 to 5 June 1970.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It states that a DD Form 214 will be prepared for 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, Active Guard Reserve service, or after completing initial active duty for training which resulted in the award of a military occupational specialty, even though the active duty was less than 90 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his active duty service (weekend training assemblies and one 2-week annual training period) in the USAR during the period February 1969 to June 1970 be shown on his DD Form 214 for the period ending 8 October 1967.
2. Since there is no evidence of record which shows he served on active duty in the USAR during the period February 1969 to June 1970 and the DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty, there is no basis for amending his DD Form 214 for the period ending 8 October 1967.
3. He also contends he was not issued an updated DD Form 214 upon his release from Reserve active duty. However, there were no provisions for the issuance of a DD Form 214 for Reserve Component Soldiers ordered to active duty for a period of less than 90 days.
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) AR20100028335
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100028335
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