IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100028542
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 correction of item 16 (Terminal Date of Reserve UMT&S Obligation) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 20 May 1970 instead of 20 May 1971, and item 17c (Date of Entry) to show 21 May 1964 instead of 21 May 1967.
2. The applicant states he was in the Army for 3 years, not 3 days and he made it to the rank of specialist five (E-5).
3. The applicant provides:
* A letter to his Representative in Congress
* A letter from his Representative in Congress
* Privacy Release Form
* A blank DD Form 149 (Application for Correction of Military Records)
* Two copies of his DD Form 214
* DA Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
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 DD Form 4 (Enlistment Record Armed Forces of the United States) shows he enlisted in the Regular Army for 3 years on 21 May 1964. He completed training as a single engine, single rotor helicopter repairman.
3. Special Orders Number 95 were published on 9 May 1967 honorably releasing him from active duty (REFRAD) effective 19 May 1967 and transferring him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his service obligation. The orders show he had a Universal Military Training and Service (UMT&S) service obligation of 6 years.
4. The orders discharging the applicant from the USAR are not contained in his official military record.
5. Item 16 on the DD Form 214 he received shows his terminal date of service UMT&S obligation as 20 May 1971. Item 17c shows his date of entry as 21 May 1967.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD, discharge or retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting documents have been considered.
2. Special Orders Number 95 clearly show that he had a UMT&S obligation of 6 years. He served on active duty for 2 year, 11 months and 29 days. Therefore, item 16 on his DD Form 214 should be corrected to show a UMT&S obligation date of 20 May 1970.
3. The applicant's DD Form 4 shows he enlisted in the Army on 21 May 1964. Item 17c on his DD Form 214 should be corrected to show this information.
BOARD VOTE:
__X_____ __X_____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 item 16 on his DD Form 214 to show he had a terminal date of Reserve UMT&S obligation of 20 May 1970 and item 17c to show his date of entry as 21 May 1964.
_______ _ 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) AR20100028542
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ABCMR Record of Proceedings (cont) AR20100028542
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