BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120010569
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, he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his service in the U.S. Army Reserve (USAR) from 15 January 1975 to 1 September 1982 and that his rank be shown as staff sergeant.
2. The applicant states:
* a DD Form 214 was not issued at the time of his discharge from the USAR in 1982
* he requests the issuance of a DD Form 214 that includes his total service time and rank at the time of his discharge
* a final DD Form 214 is needed for Department of Veterans Affairs benefits
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Certificates of training
* DA Form 2-1 (Personnel Qualification Record)
* Certificate of correspondence course completion
* Reassignment orders
* USAR discharge orders
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 was inducted into the Army of the United States on 15 February 1967. He served as a radio operator and he was honorably released from active duty on 12 October 1968 and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. He was issued a DD Form 214 covering the period 15 February 1967 through 12 October 1968. He was discharged from the USAR on 14 February 1973.
3. He enlisted in the USAR on 15 January 1975. He remained in the USAR through continuous reenlistments until he was honorably discharged in the rank of staff sergeant on 1 September 1982.
4. There is no evidence of record which shows he completed 90 days or more of continuous active duty during the period 15 January 1975 to 1 September 1982.
5. Army Regulation 635-5 (Separation Documents) states a DD Form 214 will be prepared for all reserve component (RC) personnel after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support, and after completing initial active duty for training which resulted in the award of a military occupational specialty, even though the active duty was less than 90 days.
CONCLUSIONS:
Since there is no evidence of record which shows the applicant completed
90 days or more of continuous active duty during the period 15 January 1975 to
1 September 1982, and in accordance with the governing regulation, there is no basis for granting his request.
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) AR20120010569
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ABCMR Record of Proceedings (cont) AR20120010569
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