BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110002026
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 credit for 1 day of active duty.
2. The applicant states there is no record in the St. Louis repository of his commission and discharge or any activities in between. The lack of these records prevents him from being accepted as a veteran and the benefit thereto.
3. The applicant provides:
* letter from the Department of Veterans Affairs (DVA)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* appointment letter and certificate as a second lieutenant (2LT)
* verification of training memoranda
* promotion memoranda to first lieutenant (1LT) and captain (CPT)
* Honorable Discharge Certificate
* U.S. Army Reserve (USAR) discharge orders
* annual or terminal statements of retirement points
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 appointed as a Reserve commissioned officer of the Army in the rank of 2LT and he executed an oath of office on 12 March 1958.
3. He entered active duty for training (ACDUTRA) on 20 October 1958 and completed the Quartermaster Officer Basic Course. He was honorably released from ACDUTRA on 19 April 1959 to the control of the USAR. The DD Form 214 he was issued shows he completed 6 months of creditable active service.
4. He served in various USAR troop program units at Fort Snelling, MN; Fort McCoy, WI; and other stateside locations. He was promoted in the USAR to 1LT on 29 May 1961 and to CPT on 28 May 1965.
5. His records contain several DD Forms 220 (Active Duty Report) documenting his drills and/or annual training; various memoranda documenting his training in chemical, biological, and nuclear warfare; and multiple annual or terminal statements of retirement points documenting his drills. However, there is no indication he completed any periods of active duty that warranted the issuance of a DD Form 214.
6. He was honorably discharged from the USAR on 3 September 1968 and he was transferred to the USAR Control Group (Standby).
7. 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. 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.
8. The DVA booklet, Federal Benefits for Veterans and Dependents, states eligibility for most VA benefits is based upon discharge from active military service under other than dishonorable conditions. Active service means full-time service, other than active duty for training, as a member of a Uniformed Service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed as a Reserve commissioned officer of the Army on 12 March 1958. He entered ACDUTRA on 19 April 1958 and he was honorably released from ACDUTRA on 19 April 1959. He was issued a DD Form 214 for this period of active duty. He subsequently served in the USAR between 20 April 1959 and 3 September 1968; 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.
2. Additionally, even if he had completed any period of active duty of less than 90 days in duration, this service would have occurred outside the period covered by the DD Form 214 that was issued on 19 April 1958; therefore, this service cannot be entered on the previously-issued DD Form 214.
3. More importantly to the applicant's request, there appears to be a full record of his commission in, service in, and discharge from the USAR. However, the evidence of record indicates that all of his active duty service was active duty for training. The DVA's definition of active service, for the purpose of DVA benefits, means full-time service other than active duty for training.
4. There is no evidence of record to substantiate that the applicant performed any other type of active duty.
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) AR20110002026
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ABCMR Record of Proceedings (cont) AR20110002026
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