IN THE CASE OF:
BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140012460
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 military records by showing his date of discharge from the United States Army Reserve (USAR) as 4 September 1969.
2. The applicant states he was given an early date of discharge of 31 August 1969. He contends that he would have gladly served his entire period of required service but was not allowed to do so. He did not become aware that he had been discharged 4 days short of the expiration of his term of service (ETS) until he applied for a Department of Veterans Affairs (VA) mortgage loan guarantee. Because of these 4 days, he does not have 6 good years of service in the USAR and therefore, does not qualify for a VA loan guarantee. He did not ask to be released early and would like his record corrected to show he served his entire period of USAR service.
3. The applicant provides copies of:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 428 (Application for Identification Card, dated 18 January 1965
* DA Form 1140 (Army Reserve Qualifications Questionnaire) dated 30 March 1969
* 5AA Form 79 (Request for Assignment or Attachment of USAR Personnel) dated 27 July 1969
* DA Form 1383 (Annual or Terminal Statement of Retirement Points) for years ending in 1964, 1965, 1967, and 1968
* DA Form 20 (Enlisted Qualification Record) (page 3 only)
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. A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the USAR for a period of 6 years commencing on
5 September 1963.
3. A DA Form 20 shows the applicant's ETS was 4 September 1969.
4. Letter Orders (LO) ALFAG-ZE 08-1937, issued by Headquarters, Fifth United States Army, Fort Sheridan, Illinois, dated 8 August 1969, announced the applicant's honorable discharge from the USAR due to his ETS. The date of discharge is stated as 31 August 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected by showing his date of discharge from the United States Army Reserve (USAR) as
4 September 1969.
2. The available evidence of record clearly shows that the applicant enlisted in the USAR on 5 September 1963 for 6 years and that his ETS was established as 4 September 1969. There is no indication in his record that the applicant had requested an early discharge or that he was in any way responsible for being discharged prior to his ETS. The Labor Day holiday was on 1 September 1969. This event may have contributed to his orders being published with an earlier effective date.
3. In view of the above and as a matter of equity, it would be appropriate to correct the applicant's records by amending the orders to show his date of discharge as 4 September 1969 and to reissue him an Honorable Discharge Certificate from the USAR showing this same date.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. amending LO ALFAG-ZE 08-1937, dated 8 August 1969, to show the applicant was discharged from the USAR on 4 September 1969; and
b. issuing the applicant an Honorable Discharge Certificate showing his date of discharge from the USAR as 4 September 1969.
___________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) AR20140012460
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