IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110013807
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) for the period ending on 9 November 1979 to show in:
* Item 12b (Separation Date This Period) - 19 April 1983
* Item 12c (Net Active Service This Period) - total time between 25 June 1979 and 19 April 1983
2. He states, in effect, he wants his active duty time corrected.
3. He provides:
* 1979 Report of Medical Examination and Report of Medical History forms
* Eligibility Reports
* DD Form 214 ending on 9 November 1979
* Department of Veterans Affairs (VA) Form 21-526 (Veteran's Application for Compensation and/or Pension)
* VA Form 21-4142 (VA - Authorization and Consent to Release Information to the VA)
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel defers to the applicant.
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 applicants military records show he was appointed in the U.S. Army Reserve (USAR), as a second lieutenant, on 13 May 1979.
3. Orders T-05-15014 were issued by the Reserve Components Personnel and Administration Center on 26 May 1979 ordering him to active duty for training (ADT) to attend the Engineer Officer Basic Course (OBC) with a reporting date of 25 June 1979. He entered on active duty (AD) on 25 June 1979.
4. On 6 November 1979, the U.S. Army Engineer School, Faculty Board, convened and found the applicant failed to meet the standards of the OBC and recommended his relief from AD and discharge of his commission. The findings and recommendation were approved on the same day.
5. He was honorably released from ADT on 9 November 1979 and he was transferred to a Reserve unit. He was issued a DD Form 214 showing he entered on AD on 25 June 1979 and was released on 9 November 1979.
6. Orders D-12-007064 were issued by the Reserve Components Personnel and Administration Center on 4 December 1981 honorably discharging him from the USAR with an effective date of 4 December 1981.
7. There is no evidence in his service records to show he served on AD after 9 November 1979.
8. Army Regulation 635-5 (Personnel Separation Separation Documents) governs the preparation of the DD Form 214. The regulation in effect at the time stated a DD Form 214 would be issued to each member of the Reserve components ordered to ADT for a period of 90 days or more. Item 12a would list the beginning date of the continuous period of AD for issuance of the DD Form 214. Item 12b would list the Soldier's transition (separation date). Item 12c
would list the total amount of service, less lost time, completed between the dates shown in items 12a and 12b of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was appointed in the USAR as a commissioned officer on 13 May 1979. He was ordered to ADT and entered AD on 25 June 1979. He was released from ADT on 9 November 1979, based on the findings and recommendation of a Faculty Board for failing to meet course standards, and properly issued a DD Form 214 for this period of service.
2. There is no evidence of record and he provided none to show he served on AD after 9 November 1979 for a period of 90 days or more. He served in the USAR from 1979 until his discharge on 4 December 1981. He was properly issued orders for this period of service.
3. Therefore, he is not entitled to correction of Items 12b and 12c of his DD Form 214 ending on 9 November 1979 to show he served on AD after 9 November 1979 or additional service credit.
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) AR20110013807
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013807
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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