BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100029039
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated on 18 July 1986 instead 18 June 1986.
2. He states he had hernia operation, but was not recycled. He adds he was placed into another battalion where he completed more than 150 days of active duty.
3. He provides his DD Form 214.
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 records show he enlisted in the U.S. Army Reserve (USAR) on 10 January 1986 for 6 years. On 15 January 1986, he was ordered to Initial Active Duty for Training (IADT).
3. Item 35 (Record of Assignment) of his DA Form 2-1 (Personnel Qualification Record) shows the effective date, the principal duty, and the organization he was assigned to during his IADT at Fort Sill, OK. This form shows the following:
* 15 January 1986, Active Duty Training (ADT), U.S. Army Reception Station
* 21 January 1986, Basic Combat Training (BCT), Battery B, 4th Training Battalion
* 2 April 1986, BCT, Battery D, 4th Training Battalion
* 1 May 1986, Advanced Individual Training, Battery A, 6th Training Battalion
* 18 June 1986, Released from ADT, returned to his Reserve unit of assignment
4. His DD Form 214 shows he was released from active duty on 18 June 1986 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 4-25, expiration term of service with an entry level status characterization of service.
5. Item 12 (Record of Service) of his DD Form 214 shows the following:
* 12a (Date Entered Active Duty This Period) - 15 January 1986
* 12b (Separation Date This Period) - 18 June 1986
* 12c (Net Active Service This Period) - 5 months and 4 days
6. On 1 February 1994, he was honorably discharged from the USAR.
7. Army Regulation 635-5 (Separation Documents) establishes standardized procedures for preparation and distribution of the DD Form 214. This regulation states that 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. Item 12a requires the preparer to enter the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued. Additionally, item 12c is the amount of service this period, computed by subtracting item 12a from item 12b.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence and the applicant has not provided any to show that he remained on active duty until 18 July 1986.
2. His DA Form 2-1 shows that on 18 June 1986 he was released from ADT and returned to his Reserve unit of assignment which corroborates the information on his DD Form 214. Therefore, in the absence of documentation to support his claim, there is no basis for correcting his DD Form 214.
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) AR20100029039
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ABCMR Record of Proceedings (cont) AR20100029039
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