Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120022256
Original file (20120022256.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	   25 July 2013

		DOCKET NUMBER:  AR20120022256 


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) for the period ending 26 March 1970, DD Form 256A (Honorable Discharge), and Letter Orders Number 01-1027704 (discharge orders) to show he served on active duty under Title 10, U.S. Code (USC). 

2.  The applicant states he was on active duty for the postal strike during his service in the U.S. Army Reserve (USAR) for Operation Graphic Hand.  He wants this change to gain access to Department of Veterans Affairs (VA) medical benefits.

3.  The applicant provides:

* DA Form 256A
* Letter Orders Number 01-1027704 

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.  On 18 February 1969, the applicant enlisted in the USAR.

3.  A DD Form 214 contained in his records shows he served on active duty for training during the period 2 July to 4 November 1969.  He was awarded military occupational specialty 54A (Chemical Operations Apprentice).

4.  A second DD Form 214 shows he served on active duty during the period 
24-26 March 1970.  Item 30 (Remarks) contains the entry "This abbreviated form issued USAR unit members mobilized under 10 USC 673a."

5.  A search of the internet shows Operation Graphic Hand was the deployment of National Guard Soldiers to deliver mail in New York during a 2-week postal workers strike in March 1970.

6.  Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers on 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 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.  The version of the regulation in effect at the time stated item 30 would be used to complete entries too long for their respective blocks and, in effect, to make entries for which a space was not provided elsewhere on the form.

7.  Title 10, USC, section 673a, in effect at the time, stated that in time of national emergency declared by the President after 1 January 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under jurisdiction of that Secretary to active duty (other than for training) for not more than 24 months.

DISCUSSION AND CONCLUSIONS:

1.  It is understandable that he would like for his discharge documents to reflect service that would authorize him VA medical benefits.  However, there is no evidence of error in his discharge documents in regard to his active duty status.

2.  His DD Form 214 for the period ending 26 March 1970 already shows he served under Title 10 USC; therefore, there is nothing to correct on this form.  Further, there is no provision for correcting his DD Form 256A and his letter discharge orders to show he served on active duty under Title 10 USC.  

3.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20120022256



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022256



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150001804

    Original file (20150001804.txt) Auto-classification: Approved

    The applicant's military service records are not available to the Board for review. The applicant signed the document verifying the accuracy of the information recorded on the DD Form 214. c. Based on the above and the available evidence of record, it is concluded that the DD Form 214 correctly shows the applicant's active duty service during this period (emphasis added) and rank/grade at the time he was released from active duty. As a result, the Board recommends that all Department of...

  • ARMY | BCMR | CY2010 | 20100026970

    Original file (20100026970.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His DD Form 214 issued at the time of his REFRAD shows in block 17 (Current Active Service Other Than Induction) he was called to active service by “LO 3-132 First US Army 24 March 1970.” 4. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 30 of his DD Form 214 for the period ending 30 March 1970 the entry “Ordered...

  • ARMY | BCMR | CY2013 | 20130003163

    Original file (20130003163.txt) Auto-classification: Approved

    The applicant requests correction of his: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct service number and date of entry on active duty; and b. DD Form 256A (Honorable Discharge Certificate) to show his correct rank and date of discharge from the U.S. Army Reserve (USAR). The evidence of record clearly shows the applicant enlisted in the USAR on 23 November 1966 for 6 years. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2011 | 20110014829

    Original file (20110014829.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 February 1970 to show he was not on active duty just for training. The evidence of record clearly shows the applicant was involuntarily ordered to active duty as an enlisted Reservist and served that active duty in Europe. However, his subsequent DD Form 214 incorrectly reports this service as ACDUTRA.

  • ARMY | BCMR | CY2008 | 20080016225

    Original file (20080016225.txt) Auto-classification: Denied

    The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was separated in pay grade E-5 vice pay grade E-4 (specialist 4 (SP4)). The applicant's record shows no evidence he was promoted to pay grade E-5 while he was serving on active duty. However, the evidence of record shows the applicant was promoted to pay grade E-4 on 15 April 1969 while serving on active duty.

  • ARMY | BCMR | CY2011 | 20110012997

    Original file (20110012997.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 3 February 1970 to show he served in the Regular Army and not the U.S. Army Reserve (USAR) and that he was not on active duty for training. There is no evidence of record and the applicant did not provide any evidence that he ever enlisted in the Regular Army. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...

  • ARMY | BCMR | CY2002 | 2002082746C070215

    Original file (2002082746C070215.rtf) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Report of Transfer or Discharge) dated 30 March 1970 be corrected to show that he was activated for Federal service during the Postal strike.3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error. RECOMMENDATION :That the applicant’s DD Form 214 item 30 be corrected to show that pursuant to the President’s direction he was called to active Federal service for the period...

  • ARMY | BCMR | CY2010 | 20100013123

    Original file (20100013123.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2011 | 20110017232

    Original file (20110017232.txt) Auto-classification: Approved

    The applicant requests correction of certain documents within his record to show his SSN as "XX9-XX-XXX0." Therefore, it would be appropriate to grant relief by correcting his DD Form 214, DD Form 256A, and Letter Orders Number 08-1044574 to show his correct SSN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending item 3 of his DD Form 214, for the period ending 20 December 1969, by deleting the current SSN and...

  • ARMY | BCMR | CY2004 | 20040007257C070208

    Original file (20040007257C070208.doc) Auto-classification: Approved

    Marla J. N. Troup | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that he be issued a DD Form 256A (Honorable Discharge Certificate) for the period from 2 July 1964 to 1 July 1970. The available evidence shows the applicant was not issued a Honorable Discharge Certificate at the time of his discharge from the USAR.