IN THE CASE OF:    

		BOARD DATE:  19 March 2015	  

		DOCKET NUMBER:  AR20140013477 


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 the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his active duty service that ended around 1 May 1973.

2.  The applicant states:

   a.  His record of assignments reflects that he left Fort Eustis, VA, on 22 March 1973 after he completed the Transportation Officer Basic Course (TOBC).  It does not reflect further activity until his first Reserve assignment.  This is incorrect as he was assigned to the Post legal office at Fort Eustis after the TOBC ended and did not leave Fort Eustis until approximately 1 May 1973.  
   
   b.  Having completed law school prior to the TOBC, he had been licensed to practice law.  He felt his assignment to the Post legal office while on active duty was appropriate and justified.  Naturally he assumed he was credited with that time and it was not until last year that he became aware that he had not been. 

3.  The applicant provides:

* an Information Paper, dated 16 September 3013
* a letter from himself to the National Personnel Records Center (NPRC), dated 17 June 2013
* two memoranda, dated 20 May 1976 and 9 August 1979
* orders, dated 21 June 1978
* page 1 of DD Form 4 (Enlistment Record - Armed Forces of the United States)
* an Office of the Adjutant General (AGUZ) Form 742 (Worksheet)
* page 2 of his DA Form 66 (Officer Qualification Record)

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 appointed as a second lieutenant Transportation Corps Reserve officer in the U.S. Army Reserve (USAR) on 25 May 1969.  He was promoted to the rank/grade of first lieutenant (1LT) on 3 June 1972.  

3.  His record contains Letter Orders (LO) Number T-87992, dated 19 December 1972, issued by the USAR Components Personnel and Administration Center (USARCPAC) wherein he was ordered to active duty for training (ADT) to the U.S. Army Transportation School, Fort Eustis, with a reporting date of no later than 11 January 1973.

4.  He entered ADT on 10 January 1973.

5.  His record contains a DA Form 1059 (Academic Report), dated 20 March 1973, from the U.S. Army Transportation School, Fort Eustis, wherein it shows he attended and successfully completed the TOBC from 11 January to 20 March 1973.  

6.  The DA Form 1059 also shows:

* his rank/grade at the time 1LT/O-2
* his social security number as XXX-XX-4927
* his basic branch as Transportation Corps (TC)
* his component as USAR
* he was assigned to the U.S. Army Transportation School, Fort Eustis
* the duration of the course was 11 January to 20 March 1973
* the period of the report was 10 January to 20 March 1973.

7.  He was honorably released from ADT on 10 April 1973 to the control of the USAR.  

8.  His records contain:

	a.  A DD Form 220 (Active Duty Report) to the USARCPAC, from the U.S. Army Transportation Center and Fort Eustis, wherein it contains handwritten entries that show he entered active duty on 10 January 1973, he departed Fort Eustis on 7 April 1973, and his tour of duty terminated on 10 April 1973 (91 days), which included allowable travel time to return home.  

	b.  A Statement of Retirement Points, dated 27 July 1973, from USARCPAC, wherein it shows, in part, that he earned 91 active duty points for ADT from 10 January to 10 April 1973.

9.  His records do not contain a DD Form 214 for this period of ADT.  There is no evidence in his record and he did not provide any evidence that shows he served on active duty past 10 April 1973.

10.  The applicant provides:

	a.  A self-written letter to the NRPC, dated 17 June 2013, wherein he stated, in part, he was confused as to the response he received dated 13 June 2013 and was asking for clarification.  There was an indication that since he was not on active duty for 90 or more days a DD Form 214 was not issued.  However, he recalled that he arrived at Fort Eustis on 11 January 1973, was at TOBC for about 75 to 90 days, after TOBC he was assigned to the legal office for approximately 3 weeks, and he did not leave Fort Eustis until the latter part of April or early part of May.  He believed he was on ADT for at least 96 days or longer.

	b.  An Information Paper, dated 16 September 2013, wherein a Human Resource Service Chief stated, in part, the information he requested was not on file at that command and the NPRC.  They were enclosing a U.S. Army Human Resource Command (AHRC) Form 2850 (Possible Sources for Verification of Military Service).

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated a DD Form 214 will be issued at the time of separation to each member of the Reserve components who served on ADT for a period of 90 days or more.  It states do not issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers.  If no DD Form 214 is available, issue a statement of service or transcript of military record (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be issued a DD Form 214 for his active duty service in 1973.

2.  The evidence of record confirms he entered ADT at Fort Eustis on 10 January 1973, he successfully completed training on 20 March 1973, and he was released from ADT on 10 April 1973, a period of 91 days.  Notwithstanding his sincerity, the evidence of record does not show and he did not provide any evidence that shows he served on active duty past 10 April 1973.  In addition, his Statement of Retirement Points, dated 27 July 1973, shows he was credited with 91 days of active duty points for this period of service. 

3.  Although a DD Form 214 for this period is not available for review, there is no evidence and the applicant did not provide any evidence that a DD Form 214 was in fact never issued for this period of service.  Therefore, there is no basis for issuing a DD Form 214 for this period of service.

4.  However, in accordance with the governing regulation, it would be appropriate to provide him with a statement of service or another appropriate document that reflects his active duty service as a member of the USAR from 10 January 1973 to 10 April 1973.

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 providing the applicant with a statement of service or other appropriate document to reflect his active duty service as a member of the USAR and containing the following information:

* name and rank as shown on his DA Form 1059, 20 March 1973
* service status as U. S. Army Reserve
* social security number as shown on DA Form 1059
* period of active duty service as 10 January 1973 to 10 April 1993
* unit as U.S. Army Transportation School, Fort Eustis
* training completed as Transportation Officer Basic Course

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 the issuance of a DD Form 214 for this period of service.



      _______ _   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)                                         AR20140013477





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ABCMR Record of Proceedings (cont)                                         AR20140013477



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