IN THE CASE OF:	  

		BOARD DATE:  24 July 2012

		DOCKET NUMBER:  AR20120008614 


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 credit for 90 more days of active duty.

2.  The applicant states:

* His DD Form 214 shows he was ordered to active duty for training (ACDUTRA) for 6 months from 13 March to 12 September 1957
* He completed officer training at Fort Belvoir, VA, and he was then transferred to Fort Leonard Wood, MO, where he served in a non-training status
* The last 90 days of this service was conducted as executive officer of an Army company at Fort Leonard Wood, MO in an active status, from 13 June to 12 September 1957
* This period of active service is not reflected on his DD Form 214
* This omission and the incorrect status of "Active Duty for Training" hinder his eligibility for certain benefits

3.  The applicant provides a DD Form 214 and a photograph of Soldiers.

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he was a member of the U.S. Army Reserve (USAR), in the rank of second lieutenant.  

4.  His DD Form 214 also shows he was ordered to ACDUTRA on 13 March 1957.  He completed the Engineer Officer Basic Course at Fort Leonard Wood, MO, from 13 March 1957 to 13 June 1957.

5.  His DD Form 214 shows he was honorably released from ACDUTRA on 12 September 1957 to the control of his USAR unit.  He completed 6 months of creditable active service.  His last duty assignment and major command are shown as the 5th Training Regiment, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO.

6.  He appears to have served in the USAR subsequent to his release from active duty for training.  However, no records are available to determine his ultimate separation date. 

7.  There is no indication he completed any additional periods of active duty that warranted the issuance of a DD Form 214.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.
9.  The Department of Veterans Affairs (VA) booklet, Federal Benefits for Veterans and Dependents, states eligibility for most VA benefits is based upon discharge from active military service under other than dishonorable conditions.  Active service means full-time service, other than active duty for training, as a member of a Uniformed Service.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant entered ACDUTRA on 13 March 1957 and he was honorably released from ACDUTRA on 12 September 1957.  He was issued a DD Form 214 for this period of active duty. 

2.  While on active duty, he completed the Engineer Officer Basic Course from 13 March to 13 June 1957.  Although there is no evidence of what he did after completion of this course, since he remained on active duty, his DD Form 214 carried him through the date of release from ACDUTRA.  

3.  Since there was no break in service between the date he completed training and the date he contends he served as executive officer, he would not have been issued a separate DD Form 214 for each period.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 

4.  Regrettably, 50 years later and in the absence of evidence to the contrary, the available evidence of record indicates that all of his active duty service was active duty for training.  The VA's definition of active service, for the purpose of VA benefits, means full-time service other than active duty for training.

5.  There is no evidence of record to substantiate that the applicant performed any other type of active duty.

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)                                         AR20120008614



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ABCMR Record of Proceedings (cont)                                         AR20120008614



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