IN THE CASE OF:	  

		BOARD DATE:	  30 July 2013

		DOCKET NUMBER:  AR20130000476 


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 his date of release from active duty (REFRAD) as 27 September 1970.

2.  The applicant states, in effect, that the period of his active duty was extended 1 month.

3.  The applicant provides copies of:

* Request for a 1-month extension of active duty, dated 28 April 1970
* DA Form 3340 (Request for Regular Army Enlistment/Reenlistment/ Extension and/or Amendment), dated 28 April 1970
* Comment 3, Request for 1-Month Extension of Active Duty, dated 13 May 1970
* AE Form 2183 (Enlisted Personnel Data), dated 18 May 1970
* Special Orders Number 173, U.S. Forces Support District Hessen, dated 26 August 1970
* Special Orders Number 173, American Forces Network, Europe, dated 
11 September 1970
* DA Form 137 (Installation Clearance Record), dated 27 September 1970

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.  Records show the applicant was inducted into the Army of the United States on 28 August 1968, for a period of 2 years, establishing his expiration term of service (ETS) date as 27 August 1970.

3.  On 28 April 1970, the applicant requested a 1-month extension of his active duty service because his wife was pregnant.  Their baby was due to be delivered on or about 25 August 1970, causing her not to be able to fly.

4.  On 13 May 1970, the applicant's request was approved and his ETS date was changed to 27 September 1970.  

5.  Orders dated 26 August 1970 relieved him from active duty and transferred him to the U.S. Army Reserve (USAR) effective 27 August 1970.  The same orders ordered him to active duty as a USAR Soldier for a 1-month period.

6.  Records show the applicant cleared the installation on or about 27 September 1970.

7.  The applicant's DD Form 214 shows:

	a.  he entered active duty on 28 August 1968;

	b.  he was REFRAD on 27 August 1970; and

	c.  his net and total service during this period equals 2 years.

8.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that:

	a.  A DD Form 214 would be furnished to enlisted personnel who are released to the Army Reserve upon completion of the period for which inducted and immediately ordered to active duty as reservists.
	b.  Item 11d would show the effective date of transfer or discharge. 

	c.  Item 22 (Statement of Service) would show:

		(1)  Item 22a(1) would show the net service this period. 

		(2)  Item 22a(3) would show the total service.

		(3)  Item 22b would show the total active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his date of REFRAD as 27 September 1970 because his active duty was extended for a period of 1 month.

2.  The available evidence clearly shows the applicant's request for a 1-month extension of active duty was approved.  He served this additional time and he was REFRAD on 27 September 1970.

3.  The applicant's DD Form 214, as issued on 27 August 1970 correctly reports the date of his discharge as 27 August 1970, and his length of active duty service as only 2 years.

4.  However, because the applicant was immediately recalled to active duty as a reservist, he should have been issued a subsequent DD Form 214 for his last month of active duty service.  

5.  In view of the above, the applicant should be issued a DD Form 214 for the period of service from 28 August to 27 September 1970.  This document should show the following information:

	a.  Personal information such as name, grade, military occupational specialty, unit of last assignment, permanent mailing address, etc, the same as it is listed on the applicant's DD Form 214 ending on 27 August 1970.

	b.  Department, Component, and Branch should show Army, USAR, Adjutant General Corps.

	c.  Date of entry on active duty should be 28 August 1970.

	d.  Separation date this period should be 27 September 1970.

	e.  Net active service this period should show 1 month.

	f.  Total prior active service should show 2 years.

	g.  Total prior inactive service should show none.

	h.  Foreign service should show 1 month.

	i.  Sea service should show none.

	j.  Effective date of pay grade should show 31 December 1969.

	k.  Remarks block should contain the statement:  "Recalled to active duty as a reservist from 28 August to 27 September 1970.”

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant a DD Form 214 for the period 28 August to 27 September 1970.  This document should show the following information:

	a.  Personal information such as name, grade, military occupational specialty, unit of last assignment, permanent mailing address, etc, should be listed as it is listed on the applicant's DD Form 214 ending on 27 August 1970.

	b.  Department, Component and Branch should be listed as Army, USAR, Adjutant General Corps.

	c.  Date of entry on active duty should be listed as 28 August 1970.

	d.  Separation date this period: 27 September 1970.
	e.  Net active service this period should be listed as 1 month.

	f.  Total prior active duty service should be listed as 2 years.

	g.  Total prior inactive should indicate none.

	h.  Foreign service should be listed as 1 month.

	i.  Sea service should be listed as none.
	j.  Effective date of pay grade should be listed as 31 December 1969.

	k.  The Remarks block should contain the statement:  "Recalled to active duty as a reservist during the period 28 August to 27 September 1970.”

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 for the period ending 27 August 1970.  



__________ _  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)                                         AR20130000476



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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