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ARMY | BCMR | CY2012 | 20120000147
Original file (20120000147.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	      19 June 2012

		DOCKET NUMBER:  AR20120000147 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his Reserve annual training.

2.  The applicant states his record does not show any of the annual training that took place at Fort Chaffee, AR, during his 8-year enlistment.  He states that evidently this documentation was never input or was later deleted.

3.  The applicant provides his DD Form 214 and one page of an undated letter denying him service connection for diabetes and stating his personnel records show no evidence that he performed duty at Fort Chaffee.

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 enlisted in the U.S. Army Reserve (USAR) on 17 July 1962.  He entered active duty for training on 19 August 1962.

3.  He completed basic combat training at Fort Leonard Wood, MO, and he was assigned to Fort Sill, OK, for advanced individual training on 22 October 1962.  Upon completion of training, he was awarded military occupational specialty 140.00 (Field Artillery Basic).

4.  He was honorably released from active duty for training on 7 February 1963 and assigned to the USAR Control Group (Annual Training).  His DD Form 214 shows he completed 5 months and 19 days of active service during this period.

5.  Army Regulation 635-5 (Separation Documents) 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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant entered active duty for training on 19 August 1962 and was released from active duty for training on 7 February 1963, which is correctly shown on his DD Form 214.  The DD Form 214 is a record of the Soldier's most recent period of continuous active duty service.  There are no provisions for adding training that occurred after the Soldier was released from active duty to the DD Form 214.  Therefore, he is not entitled to the 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 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)                                         AR20120000147



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120000147



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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