IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130021274
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) for the period ending 4 September 1970 to show he entered military service on 16 March 1970 and completed 6 years of U.S. Army Reserve (USAR) service.
2. The applicant states:
* his date of entry should be 16 March 1970 since he joined the USAR on 16 March 1970
* his active duty for training period started on 1 May 1970
* he needs his active dates to show he served 6 years in the USAR from 16 March 1970 to 15 March 1976
3. The applicant provides:
* DD Form 4 (Enlistment Contract Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 for the period ending 4 September 1970
* USAR discharge orders
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's DD Form 4 shows he enlisted in the USAR on 16 March 1970 for a period of 6 years. He was ordered to active duty for training on 1 May 1970 and he was released from active duty (REFRAD) on 4 September 1970.
3. His DD Form 214 for this active duty period shows in:
* item 17c (Date of Entry) 1 May 1970
* item 22a(1) (Net Service This Period) 4 months and 4 days (active duty for training from 1 May 1970 through 4 September 1970)
* item 22a(2) (Other Service) 1 month and 15 days (prior USAR service from 16 March 1970 through 30 April 1970)
4. He was honorably discharged from the USAR on 15 March 1976.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents furnished to each individual separated from the Army and established standardized procedures for preparation and distribution of these documents. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It further stated for item 17c, enter the date of entry on active duty or the date active duty enlistment or reenlistment was accomplished. The date entered in this item will be the earliest active duty date not previously covered by a DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a record of an individual's active duty service at the time of his or her REFRAD.
2. The applicant contends his date of entry on active duty should be 16 March 1970.
3. The evidence shows he enlisted in the USAR on 16 March 1970. He was not ordered to active duty for training until 1 May 1970 and he was REFRAD on 4 September 1970, a period of 4 months and 4 days. This active duty service is properly shown on his DD Form 214. His prior USAR service from 16 March 1970 through 30 April 1970 is also properly documented on this DD Form 214 in item 22a(2). Therefore, there is no basis for granting the applicant's request to correct his DD Form 214 to show an earlier active duty entry date.
4. His contention that he needs his DD Form 214 to show he served 6 years in the USAR from 16 March 1970 to 15 March 1976 was noted. However, a DD Form 214 is a synopsis of a Soldier's most recent period of continuous active duty. There is no provision for documenting service performed after a Soldier's REFRAD.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20130021274
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ABCMR Record of Proceedings (cont) AR20130021274
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