IN THE CASE OF:	  

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019284 


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 creditable inactive service for pay purposes.

2.  The applicant states his prior inactive service is incorrect which results in his total service for pay being incorrect.  He claims he enlisted in the Army National Guard (ARNG) on 23 August 1950 and he served in an inactive status for 
12 days until 4 September 1950.  He further states he entered active duty on
5 September 1950 and served until 22 June 1952, at which time he was released from active duty and returned to State control.  On 31 January 1955, he enlisted in the Regular Army (RA) and he served on active duty for 3 years until
30 January 1958, at which time he was released from active duty and transferred to the U.S. Army Reserve (USAR) Pennsylvania Military District.  He again enlisted in the RA on 6 July 1961 and he continuously served on active duty until he was retired on 30 September 1976 by reason of sufficient service for retirement.

3.  The applicant provides:

* a self-authored letter, dated 30 August 2011
* an undated letter from Headquarters, XXI U.S. Army Corps, Annville, PA, subject:  Discharge from the USAR and his Honorable Discharge Certificate, dated 19 July 1961


* his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 21 June 1952, 30 January 1958,
5 July 1964, 4 September 1970, and 30 September 1976
* a DD Form 4 (Enlistment Record – Armed Forces of the United States) for his 6 July 1964 enlistment

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 initially enlisted in the ARNG on 23 August 1950 and he served in this status until 18 August 1953.  During this period of ARNG service he completed 12 days of inactive service from 23 August 1950 through 4 September 1950 and 1 year, 1 month, and 27 days from 22 June 1952 through 18 August 1953.  

3.  After a break in service, he enlisted in the RA on 31 January 1955 and he served on active duty until being honorably released from active duty and transferred to the USAR on 30 January 1958.  He served in an inactive status in the USAR for 3 years, 5 months, and 5 days from 31 January 1958 through
5 July 1961.

4.  On 6 July 1961, he enlisted in the RA and served on active duty until being retired for length of service on 30 September 1976.  A DA Form 2339 (Application for Retirement) completed on the applicant on 27 June 1976 during his retirement processing shows he completed 20 years and 11 days of active military service; 4 years, 7 months, and 14 days of inactive service; and 24 years, 7 months, and 25 days for pay purposes.

5.  The applicant's DD Form 214 he was issued on 30 September 1976 shows in:

* item 18a (Net Active Service This Period) the entry "6  0  16," indicating year(s), month(s), and day(s)
* item 18b (Prior Active Service) the entry "13  11  25"
* item 18c (Total Active Service) the entry "20  0  11"
* item 18d (Prior Inactive Service) the entry 4  7  14"
* item 18e (Total Service for Pay) the entry "24  7  25"
* item f (Foreign and/or Sea Service this Period) the entry "5  9  5"

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for items 18a through f will be all service shown will be less time lost under Title 10, U.S. Code, section 972 and time lost subsequent to expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his total inactive service has been carefully considered.  However, there is an insufficient evidentiary basis to support this claim.

2.  The evidence of record confirms the applicant completed 4 years, 7 months, and 14 days of prior inactive service between the date he entered the ARNG on 23 August 1950 and the date he retired on 30 September 1976.  It further shows this is the amount of prior inactive service documented in item 18d (Prior Inactive Service) of his DD Form 214 for the period ending 30 September 1976.

3.  The record shows the applicant completed 12 days of inactive service in the ARNG between 23 August and 4 September 1950; and 1 year, 1 month, and 
27 days of inactive service in the ARNG from 22 June 1952 through 18 August 1953.  In addition, he completed 3 years, 5 months, and 5 days of inactive service in the USAR from 31 January 1958 through 5 July 1961, for a total of 
4 years, 7 months, and 14 days of inactive service.  No additional inactive service is documented in his record.  

4.  The total inactive service recorded on his DD Form 214 matches the calculations of inactive service contained in the DA Form 2339 completed on the applicant during his retirement processing, and the dates of service he provided in his letter to the Board.  As a result, there is no evidence of record or independent evidence provided by the applicant that indicates he completed any additional inactive service that is not already documented on his DD Form 214 and in his DA Form 2339.  As a result, there is an insufficient evidentiary basis to support granting the applicant's requested relief. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

OARD 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)                                         AR20110019284



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ABCMR Record of Proceedings (cont)                                         AR20110019284



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