RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 December 2003   
	DOCKET NUMBER:   AR2003091021

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Eloise C. Prendergast		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, that he be issued a DD Form 214 (Certificate of Release or Discharge) for his active duty for training (ADT) terminating in March 1972.

2.  The applicant states that it appears an enlistment is missing.  He completed the Quartermaster Heavy Equipment Repair Course on 8 March 1972 and was discharged in October 1972.

3.  The applicant provides his DD Form 214 for the period ending 19 May 1966; his ADT orders; his 20 October 1971 Honorable Discharge Certificate; his October 1971 reenlistment orders; the back page of a DA Form 1051 (document title unknown); extracts from his service medical records covering the period February through March 1972; a diploma from the U. S. Army Ordnance Center and School dated 8 March 1972; documents dated June and July 1972 pertaining to a determination of accident report and request for approval of follow-up medical care; extracts from his service medical records covering the period June through July 1972; an 18 July 1972 letter from his commander requesting an orthopedic evaluation; an 18 July 1972 letter from the Department of Orthopedics to his commander; a Standard Form 88 (Report of Medical Examination) dated 10 August 1972; four letters (dated 18 August and 27, 28, and 28 September 1972) concerning his retention physical; his 20 October 1972 Honorable Discharge Certificate; and two letters (dated 5 and 10 March 1973) concerning completion of his physical examination.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 8 March 1972.  The application submitted in this case is dated 3 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 enlisted in the U. S. Army Reserve on 28 October 1965.  He entered ADT on 9 January 1966 and was released from ADT on 19 May 1966 and was issued a DD Form 214 for this period.

4.  The applicant was ordered to ADT to attend the Quartermaster Heavy Equipment Repair Course for 110 days with a will proceed date of 19 November 1971.

5.  A DA Form 1051 shows the applicant injured his right arm while playing basketball on 1 March 1972.

6.  The applicant graduated from the Quartermaster Heavy Equipment Repair Course on 8 March 1972.

7.  A DD Form 214 worksheet for the applicant's second period of ADT was prepared but apparently a DD Form 214 was never issued.  A DD Form 220 (Active Duty Report) was partially prepared.

8.  The applicant was discharged from the U. S. Army Reserve on 20 October 1972 apparently as the result of not being medically qualified for retention.

9.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation in effect at the time stated that a DD Form 214 would be prepared for each member of the Reserve components called or ordered to active duty or active duty for training for a period of 90 days or more.

DISCUSSION AND CONCLUSIONS:

1.  DD Forms 214 are prepared to document a soldier's most recent period of continuous active duty; therefore, the applicant's entire U. S. Army Reserve service would not be covered by a DD Form 214.

2.  However, the applicant served on active duty for training during the period    19 November 1971 through 8 March 1972, a period greater than 90 days.  He 

should have received a DD Form 214 for this period of active duty.  It appears that steps were taken to initiate the preparation of a DD Form 214 but they were not finalized.  He should receive a DD Form 214 for this period of active duty.

BOARD VOTE:

__mdm___  __rjw___  __ecp___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing to him a DD Form 214 for the period of active duty for training 19 November 1971 through 8 March 1972.

		_Mark D. Manning
		        CHAIRPERSON

INDEX

CASE ID	AR2003091021	
SUFFIX		
RECON		
DATE BOARDED	20031209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.