IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130008262
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 date of separation on his DD Form 214 (Report of Transfer or Discharge) be corrected to 27 June 1972.
2. The applicant states his DD Form 214 shows a discharge date as one day before his induction.
3. The applicant provides copies of his DD Form 214, U.S. Army Reserve (USAR) discharge orders, and an Honorable Discharge Certificate.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 served on active duty from 28 June 1966 through 27 June 1968.
3. He was released from active duty and transferred to the USAR to complete his period of obligated service.
4. His DD Form 214 shows a date of induction of 28 June 1968 and a date of separation date of 27 June 1968.
5. A DD Form 215 (Correction to the DD Form 214) was issued on 29 August 1968 correcting the applicant's date of induction to 28 June 1966.
6. U.S. Army Reserve Components Personnel Center, Letter Orders Number 05-1182810, dated 24 May 1972, discharged the applicant from the USAR effective 27 June 1972.
7. The USAR discharged the applicant and issued him an Honorable Discharge Certificate effective 27 June 1972.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and 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.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 showing his entry onto active duty as 28 June 1968 was corrected by DD Form 215 showing his date of induction as 28 June 1966. A copy of the DD Form 215 will be provided to him.
2. A DD Form 214 applies to a period of active duty.
3. Soldiers who have a period of Reserve obligated service, as the applicant did, are not discharged from active duty but are separated from active duty and transferred to the USAR to complete their period of obligated service. This period of Reserve service is not included on any DD Form 214 unless the Soldier was to have subsequent active duty.
4. The applicant's date of separation on the DD Form 214 is correct and no relief is warranted.
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) AR20130008262
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008262
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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