IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130001804
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 his records be corrected to show his entire period of service.
2. The applicant states the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows only 5 days of service when in fact he completed 3 years and 7 days of active service.
3. The applicant provides copies of his DD Form 214 and United States Army Reserve (USAR) discharge orders, dated 23 February 1972.
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. The applicant was inducted into the Army of the United States (AUS) on 3 March 1966 and discharged 5 days later to enlist in the Regular Army (RA). A DD Form 214 was issued for this period of service.
3. The applicant enlisted in the RA, on 8 March 1966, for 3 years. He completed the training requirements and he was awarded military occupational specialty 91D (Operating Room Specialist).
4. The applicant's available record shows he was honorably released from active duty on 7 March 1969. The applicant's record does not contain a DD Form 214 for his period of active RA service.
5. USAR Components Personnel and Administration Center Letter Orders
02-1072029, dated 23 February 1972, honorably discharged the applicant from the USAR on 2 March 1972.
6. At the time of the applicant's service, a DD Form 214 was issued for each period of active service, including change from service components or immediate enlistment/reenlistment.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states:
a. Once a DD Form 214 has been issued, do not reissue except for the following reasons:
(1) When directed by proper appellate authority, Executive Order, or by the Secretary of the Army.
(2) When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.
(3) When two DD Forms 215 have been issued and an additional correction is required.
b. Do not issue DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, a statement of service or transcript of military record will be issued.
DISCUSSION AND CONCLUSIONS:
1. Correction of the 7 March 1966 DD Form 214 to reflect the applicant's entire period of active duty would not be appropriate. This form was properly issued to document the applicant's 5 days of service in the AUS.
2. The applicant's official record does not contain a copy of a DD Form 214 for his period of service from 8 March 1966 through 7 March 1969.
3. Therefore, it would be appropriate to direct that an appropriate document be issued to the applicant detailing his period of RA service from 8 March 1966 through 7 March 1969.
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 an appropriate form to document his RA service from
8 March 1966 through 7 March 1969.
2. The Board further determined that the evidence presented is 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 any correction to the 7 March 1966 DD Form 214.
__________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) AR20130001804
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ABCMR Record of Proceedings (cont) AR20130001804
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