BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003365
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) to show he served on active duty.
2. The applicant states he is being denied Department of Veterans Affairs (VA) benefits. He contends that he served on active duty for 6 months and needs his DD Form 214 to reflect this service.
3. The applicant provides no additional documentation.
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), dated 27 November 1959, reports the applicant enlisted in the United States Army Reserve (USAR) for 6 years. He was assigned for duty with Company I, 2nd Battalion, 98th Regiment, 98th Division.
3. A DD Form 220 (Active Duty Report), dated 15 July 1960, states the applicant reported for active duty training at Fort Dix, New Jersey on 16 January 1960. His tour of active duty training was terminated on 15 July 1960
4. A DD Form 214, effective 15 July 1960 shows the applicant served a 6 month period of active duty for training (ACDUTRA) from 16 January to 15 July 1960 with Company A, 3rd Training Regiment, Fort Dix, New Jersey. Upon completion of this ACDUTRA, he was reassigned back to the 98th Regiment, USAR.
5. USAR Special Orders Number 239, paragraph 54, dated 10 December 1965, announced the applicants honorable discharge from the USAR (Ready) due to the expiration of his term of service.
6. A DA Form 20 (Enlisted Qualification Record) shows the applicant was assigned to the 98th Regiment from 15 July 1960 to his honorable discharge on 21 December 1965.
7. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 was to be issued to each member of the Reserve component who were called or ordered to ACDUTRA for a period of 90 days or more.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he served on active duty for 6 months because he is being denied VA benefits.
2. The evidence of records shows that the applicant enlisted in the USAR and was ordered to ACDUTRA for a period of 6 months. He was issued a DD form 214 showing this period of ACDUTRA. There is no evidence of record showing he ever served on active duty in the Regular Army.
3. There is no error or injustice in this case.
4. In view of the above, the applicants request should be denied.
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.
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