IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120000440
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 discharge date from the U.S. Army Reserve (USAR) be corrected to show 25 December 1969 instead of 30 November 1969. He also requests, in effect, additional retirement points.
2. The applicant states:
* His discharge date should be corrected to show he completed 6 full years of service
* He attended his required meetings until 25 December 1969
* He falls 25 days short of being eligible for veterans benefits
3. The applicant provides:
* Honorable Discharge Certificate
* Retirement points statement
* USAR discharge
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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 applicant enlisted in the USAR on 26 December 1963 for a period of
6 years. He was ordered to active duty for training on 20 February 1964. He was released from active duty on 11 July 1964 and returned to the USAR to complete his remaining service obligation of 5 years and 6 months.
3. Item 18 (Terminal Date of Reserve Obligation) of his DD Form 214 shows the entry "25 DEC 69" (25 December 1969).
4. Orders, dated 6 January 1970, show he was honorably discharged from the USAR on 30 November 1969 for expiration term of service (ETS). His Honorable Discharge Certificate shows he was discharged from the USAR on 30 November 1969.
5. There is no evidence which shows he attended drills until 25 December 1969.
6. He provided a retirement points statement, dated 14 March 1997, which shows he served in the USAR from 26 December 1963 through 30 November 1969.
7. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement Procedures) states prior to 1 June 1984 all Soldiers had a 6-year statutory obligation.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his discharge date from the USAR be corrected to show 25 December 1969 instead of 30 November 1969.
2. The governing regulation states all Soldiers had a 6-year statutory obligation prior to 1 June 1984.
3. Evidence shows he enlisted in the USAR on 26 December 1963 for a period of 6 years and his DD Form 214 correctly shows his terminal date of Reserve obligation was 25 December 1969.
4. Since his discharge orders show he was honorably discharged, and there is no indication of why he should have been separated early, his Honorable Discharge Certificate should be corrected to show he was discharged on
25 December 1969.
5. He contends he attended meetings until 25 December 1969. However, there is no evidence he attended drills until 25 December 1969, but he should be credited with any appropriate membership points.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. correcting his Honorable Discharge Certificate to show he was discharged on 25 December 1969; and
b. crediting him with any appropriate membership points.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any additional retirement points.
_______ _ 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) AR20120000440
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ABCMR Record of Proceedings (cont) AR20120000440
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