IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120010891
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 reconsideration of an earlier request to show active duty service during the period 1971 to 1972 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 13 August 1970.
2. The applicant states he wants his record of military service corrected to include his periods of active duty (temporary duty) during the summer months of 1971 and 1972 during which time he served in the legal department of the San Francisco Army Procurement Agency.
3. The applicant provides a statement of retirement points, dated 13 September 1972.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110023243 on 10 May 2012.
2. He provides a statement of retirement points, dated 13 September 1972, for the period 11 June 1971 to 10 June 1972 which shows he received active duty retirement points for the periods:
* 14 June 1971 to 25 June 1971 (12 points)
* 1 July 1971 to 31 July 1971 (31 points)
* 1 August 1971 to 29 August 1971 (29 points)
3. This statement is new evidence that will be considered by the Board.
4. He was ordered to active duty from the U.S. Army Reserve (USAR) on 29 August 1968. He served in Vietnam from July 1969 to April 1970 and he was honorably released from active duty on 13 August 1970 in the rank of first lieutenant. He completed 1 year, 11 months, and 15 days of creditable active service.
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. A DD Form 214 will be prepared for 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.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Since his active duty service in the USAR from June 1971 to August 1971 was after his release from active duty, there is no basis for showing this service on his DD Form 214 for the period ending 13 August 1970.
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 to amend the decision of the ABCMR set forth in Docket Number AR20110023243, dated 10 May 2012.
_____________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) AR20120010891
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ABCMR Record of Proceedings (cont) AR20120010891
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