RECORD OF PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            15 January 2004                  
	DOCKET NUMBER:    AR2003090793

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Klaus P. Schumann		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. William D. Powers		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, correction of his separation document (DD Form 214) to show two periods of active Army service not currently reflected on this document.

2.  The applicant states, in effect, he believes his separation document is incomplete due to the exclusion of two periods of active Army service that should be included.

3.  The applicant provides, in support of his application, two travel orders dated 22 April 1967 and 7 May 1968, respectively, an undated 1st endorsement to the travel order dated 22 April 1967, and a welcome letter from the 36th Separate Infantry Brigade, dated 2 June 1968.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 8 January 1966.  The application submitted in this case is dated 1 May 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he entered active duty on 10 January 1964 in military occupational specialty (MOS) 11H (Direct Fire Crewman).  He served in the Republic of Vietnam for the period 16 September 1965 through 2 January 1966 and was honorably separated on 8 January 1966.

4.  The applicant's separation document (DD Form 214) shows in Item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Combat Infantryman Badge, Vietnam Service Medal, and the Basic Marksmanship Badge with rifle and pistol bar.

5.  The applicant's separation document shows in Item 24 (Statement of Service) that he was credited with 1 year, 11 months, 29 days total active service.

6.  The applicant's military records contain two active duty reports (DD Form 220), which show that he served on active duty for annual training for the period 11 June 1967 through 25 June 1967 and 2 June 1968 and 14 June 1968.  Additionally, his records contain travel orders which further confirm that he was ordered to active duty for training during the periods indicated above.

7.  Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-1 contains guidance on when a 
DD Form 214 should be issued.  It states, in pertinent part, that Reserve Component (RC) soldiers completing 90 days or more of continuous active duty training (ADT) should receive a DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that the DD Form 214 prepared at the time of his separation from the Army was incomplete because it excluded two periods of active duty training in which he participated.  However, the two periods of active duty training in question in this case, were performed after completion of his initial active service and after he was issued his DD Form 214.  Therefore, it would be inappropriate and outside of regulatory guidelines to correct his DD Form 214 to include these periods of service.

2.  By regulation, reserve component soldiers completing ADT are issued DD Form 214s provided they are on active duty for a continuous period of 90 days or more.  The applicant in this case did not meet this requirement.  Therefore, it is inappropriate to generate a DD Form 214 and the applicant's active duty report and travel orders for this period of service will serve to substantiate his additional 28 days of active duty time.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 8 January 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 January 1969.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__AR__  __WDP__  _MKP__    DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

		Margaret K. Patterson
		    CHAIRPERSON

INDEX

CASE ID	AR2003090793	
SUFFIX		
RECON		
DATE BOARDED	2004/01/15	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1966/01/08	
DISCHARGE AUTHORITY	AR635-205	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.SvcCredt	129.0100.0000	
2.		
3.		
4.		
5.		
6.