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 Soldiers 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022256
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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