IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140012210
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, service credit for his U.S. Army Reserve (USAR) service.
2. The applicant states he was in the USAR but later served in the Regular Army.
3. The applicant does not provide any evidence.
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 records show he enlisted in the USAR for 6 years on 3 May 1974. He was assigned to the 448th Engineer Battalion, Puerto Rico (PR).
3. He was ordered to and entered active duty for training (ADT) on 1 November 1974. He completed training and he was awarded military occupational specialty 64C (Motor Transport Operator).
4. He was honorably released from ADT on 10 March 1975 and he was transferred to his USAR unit. His DD Form 214 (Report of Separation From Active Duty) shows he completed 4 months and 10 days of active service.
5. He was ordered to active duty on 26 July 1976. He reported to Fort Jackson, SC, and he was subsequently reassigned to 2nd Battalion, 501st Infantry Regiment, Fort Campbell, KY.
6. He accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on/for:
* 28 January 1977, disobeying a lawful order
* 11 January 1978, wrongfully possessing marijuana
7. On 26 July 1977, he was placed in pre-trial confinement pending trial by court-martial. He remained in confinement through 23 August 1977.
8. On 24 August 1977, he was arraigned and tried before a special court-martial of one specification of being disrespectful in language and one specification of wrongfully communicating a threat to injure. The court found him guilty of the one specification of being disrespectful and sentenced him to reduction, extra duty and restriction, and a forfeiture of pay. His sentence was approved.
9. On 30 January 1978, his commander initiated a Bar to Reenlistment Certificate against him citing his misconduct. The bar was approved.
10. He was released from active duty on 14 April 1978 in accordance with chapter 2 of Army Regulation 635-200 (Personnel Separations) with an under honorable conditions (general) characterization of service.
11. His DD Form 214 for this period of service shows he completed 1 year, 6 months, and 20 days of active service this period and he had 4 months and 10 days of prior active service and 1 year, 10 months, and 13 days of prior inactive service (USAR).
12. Army Regulation 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate reenlistment (or for each period of active duty). A DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed two periods of active duty service and he was issued a separate DD Form 214 for each period. He was provided with a copy of the DD Forms 214 for each period of service by separate correspondence.
a. He entered ADT on 1 November 1974 and he was released from ADT on 10 March 1975. He completed 4 months and 10 days of active service during this period.
b. He reentered active duty on 26 July 1976 and he was released from active duty on 14 April 1978. He completed 1 year, 6 months, and 20 days of active service during this period. His second DD Form 214 credited him with this active service as well as his 4 months and 10 days of prior active service, for a total of 1 year and 11 months of active service.
2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. Reserve time is not listed on the DD Form 214 because it is not active service. There is no evidence in his records and he provides none to show he completed another period of active duty service of at least 90 days in duration that would have required the issuance of a separate DD Form 214.
3. Both of the applicant's DD Forms 214 are correct and require no further correction.
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) AR20140012210
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ABCMR Record of Proceedings (cont) AR20140012210
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