IN THE CASE OF:	  

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110017006 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his active duty training in 1975 and 1976.  He further requests correction of Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) to show his assignments and weekend drills during the entire period from 2 February 1971 through 3 February 1977.

2.  The applicant states these errors occurred during the months of June, July, and August in 1975 and 1976.

3.  The applicant provides copies of his:

* DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 2 February 1971
* DD Form 214 for the period ending 10 August 1971
* DA Form 20
* Letter Orders Number 05-295, Headquarters, First U.S. Army, Fort Meade, MD, dated 21 May 1974
* Orders 20-202, issued by the same headquarters, dated 3 February 1977
* Form W-2 (Wage and Tax Statement), Department of the Army, for the years 1971 through 1976


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.  On 2 February 1971, the applicant enlisted in the U.S. Army Reserve (USAR) for 6 years.  He was subsequently assigned to the 315th Infantry Regiment, 157th Infantry Brigade, located in Philadelphia, PA.

3.  On 13 April 1971, the applicant was ordered to active duty training for a period of 20 weeks.  He was assigned to Fort Jackson, SC for basic combat and advanced individual training in military occupational specialty 11B (Light Weapons Infantryman).

4.  On 10 August 1971, the applicant was released from active duty and transferred back to his USAR unit.

5.  The letter orders provided by the applicant indicate he was reassigned from the 315th Infantry Regiment to the 463rd Engineer Battalion effective 2 April 1974.

6.  Item 38 of the applicant's DA Form 20 shows:

	a.  he was initially assigned to the 315th Infantry Regiment, completed training at Fort Jackson, SC from 26 April to 10 August 1971, and he was immediately returned to his USAR unit;

	b.  he was assigned to the 315th Infantry Regiment from 11 August 1971 through 1 April 1974;

	c.  he was assigned to Company B, 463rd Engineer Battalion on 2 April 1974;

	d.  he was reassigned to Company B, EBC Construction at Aberdeen Proving Grounds on 27 July 1974 for 15 days; and then to this same unit at Weirton, WVA on 11 August 1974, and

	e.  he performed 15 days of active duty training (ADT) commencing on the following dates:

* 18 August 1971
* 12 August 1972
* 14 July 1973
* 27 July 1974

7.  Orders 20-202, issued by Headquarters, First U.S. Army, Fort George G. Meade, dated 3 February 1977, indicates he was discharged from the USAR Ready effective the same day.  These orders show his unit at the time was Company B, EBC Construction at Weirton, WVA.

8.  The Forms W-2 provided by the applicant report income paid by the Department of the Army for each year from 1971 through 1976.

9.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, in effect at the time, prescribed instructions for preparing and maintaining the
DA Form 20.  This chapter was applicable to all enlisted personnel on active duty and all USAR enlisted personnel assigned to troop program units.  The DA
Form 20 provides a record of an individual's personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.  

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the 
DD Form 214.

	a.  It provided that a DD Form 214 would be issued at the time of separation to each member of the Reserve component ordered to active duty training (ADT) for a period of 90 days or more.

	b.  It provided for an entry in block 22 (Statement of Service) of the total amount of service completed during the current period of active service and for other service performed up to the date of release or discharge.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his active duty training in 1975 and 1976.  He further requests correction of Item 38 of his DA Form 20 to show his assignments and weekend drills during his entire period of service from 2 February 1971 through 3 February 1977.

2.  The evidence of record shows the applicant's initial period of active duty training was documented on a DD Form 214 for the period ending 10 August 1971.

3.  The evidence of record shows he had no further periods of active service that were authorized to be documented on a DD Form 214.  All such training had to be for a period of 90 days or more.

4.  The available evidence further shows the last entry in Item 38 of his
DA Form 20 was his assignment to Company B, EBC Construction at Weirton, WVA on 11 August 1974.  His discharge orders dated in 1977 indicates he was still assigned to the same unit.  Therefore, there does not appear to be an error.
Furthermore, the applicant was honorably discharged from the USAR Ready on 3 February 1977.  As such, his DA Form 20 is no longer active or accessible; therefore, no further action is appropriate.

5.  In view of the above, there is no basis for granting the applicant's requested relief.

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)                                         AR20110017006



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ABCMR Record of Proceedings (cont)                                         AR20110017006



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