IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110014175
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 (Certificate of Release or Discharge from Active Duty) for the period 16 July 1977 through 15 September 1980 be corrected to show three 45-day active duty for training (ADT) periods from 15 March 1975 through 14 February 1977.
2. The applicant states the error in his military service was discovered while calculating his creditable military service for retirement for his employment with the Department of Veterans Affairs.
3. The applicant provides:
* three Letter Orders
* five DA Forms 2349 (Military Pay voucher)
* DD Form 1351-2 (Travel Voucher or Subvoucher)
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. On 7 August 1974, the applicant was commissioned as a second lieutenant in the Medical Services Corps (MSC) in the U.S. Army Reserve (USAR). His area of concentration is shown as 67F (Optometry).
3. On 27 August 1974, the applicant accepted an appointment in the USAR Health Professions Scholarship Program.
4. Letters Order T-02-79272, dated 11 February 1975, show the applicant was ordered to active duty for training (ADT) for a period of 45 days.
5. Letters Order T-03-79460, dated 3 March 1976, show the applicant was ordered to ADT for a period of 45 days.
6. Letters Order T-12-81214, dated 15 December 1976, show the applicant was ordered to ADT for 45 days.
7. The applicant provides three DA Forms 2349 which show he was paid for the following periods of service:
* 1 March through 31 March 1975
* 1 April through 30 April 1975
* 1 May through 31 May 1976
* 1 June through 30 June 1976
* 1 February 1977 through 28 February 1977
8. DA Form 61 (Application for Appointment), dated 5 July 1974, shows the applicant attended Southern California College of Optometry during the period September 1973 through June 1977.
9. On 18 July 1977, the applicant was ordered to active duty and was appointed as a first lieutenant in the USAR.
10. The applicant provides a travel voucher covering the period 22 December 1976 through 30 January 1977.
11. The applicant's DA Form 5074-R (Record of Award of Entry Grade Credit (Health Services Officers)) used for calculation of his constructive credit is not available.
12. The applicant's DD Form 214 shows the following:
a. Item 12c (Net Active Service This Period) shows 3 years and 2 months.
b. Item 12d (Total Prior Active Service) shows 4 months and 16 days.
c. Item 12e (Total Prior Inactive Service) shows 3 years, 3 months, and 16 days.
d. Item 12f (Foreign Service) shows 2 years, 11 months, and 5 days.
13. On 11 July 2009, the applicant was retired and placed on the retired list in the rank of lieutenant colonel.
14. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation then in effect stated it would be prepared for each member of the Reserve component (RC) released after completion of more than 89 days of active duty for training (ADT or full-time training duty (FTTD).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show additional active duty service time was carefully considered.
2. Although the applicant has requested additional active duty credit, the regulation in effect at the time stated a DD Form 214 would be issued after the completion of more than 89 days of ADT or FTTD. Since the applicant completed three periods of ADT for 45 days and less than 89 days of continuous training, his service credit for the periods of ADT is properly shown in item 12d on his DD Form 214. He was credited with 4 months and 16 days of prior active service.
3. Based on the foregoing and in the absence of evidence showing error, inequity, or injustice, he is not entitled to 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) AR20110014175
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014175
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