IN THE CASE OF: . BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150004967 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 to show he was credited with 21 years of active service. 2. The applicant states his active Reserve time from 4 December 1956 to 4 May 1957 may not have been considered when he was advanced on the Retired List to the rank/grade of captain (CPT)/O-3. He contends his retired pay should be based on 21 years of service. He adds that at a recent military reunion, he was told his active Reserve time from December 1956 to May 1957 should count toward total time served resulting in 21 years of service. He was not aware of this and he assumed the finance office would have made a correct determination of service upon his advancement on the Retired List in 1987. 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period 4 December 1956 to 8 August 1957 * DD Form 214, for the period 9 August 1957 to 8 August 1961 * Certification of Military Service, for the period 6 September 1961 to 6 September 1963 * DD Form 214, for the period 7 September 1963 to 19 November 1967 * DD Form 214, for the period 20 November 1967 to 19 November 1972 * Certification of Military Service, for the period 20 November 1972 to 29 June 1977 * DD Form 214 (Report of Separation from Active Duty), for the period 30 June 1977 to 31 August 1977 * DA Form 2339 (Application for Voluntary Retirement) * letter from the U.S. Army Reserve Personnel Center, Retirement Services, dated 25 November 1987 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's DA Form 2339, prepared on 30 June 1977, shows he completed a total of 20 years and 8 months of active service and a total of 20 years, 8 months, and 27 days of total service for basic pay. His chronological dates of military service and service status are shown as follows: a. enlisted active service in the U.S. Marine Corps (USMC) from 4 December 1956 to 8 August 1961, for total active service of 4 years, 8 months, and 5 days; b. enlisted inactive service in the USMC Reserve from 9 August to 5 September 1961, for a total of 27 days of inactive service; c. enlisted service in the Regular Army from 6 September 1961 to 19 November 1967, for total of 6 years, 2 months and 14 days of active service; d. commissioned officer service in the U.S. Army Reserve, on active duty, from 20 November 1967 to 19 November 1972, for a total of 5 years of active service; and e. enlisted service in the Regular Army from 20 November 1972 to 31 August 1977, for a total of 4 years, 9 months, and 11 days of active service. 3. The applicant's DA Form 3713 (Data for Retired Pay), prepared on 29 August 1977, shows he was credited with 20 years, 8 months, and 26 days for basic pay purposes. 4. He was retired on 31 August 1977 in the rank and grade of master sergeant/E-8. His DD Form 214 for the period ending 31 August 1977 shows he completed 20 years, 8 months, and 26 days of total service for pay. 5. There is no evidence in the applicant's military records that indicates he completed any additional military service other than the service shown on his DA Form 2339, DD Forms 214, and Certifications of Military Service. 6. The U.S. Army Reserve Personnel Center, Retirement Services, informed him on 25 November 1987 that he had been advanced on the Retired List to the rank/grade of CPT/O-3, effective 1 June 1987. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his records should be corrected to show he was credited with 21 years of active service. He bases this contention on his belief that his active service from 4 December 1956 to 4 May 1957 was not included in the final calculation of his total active duty service. 2. The applicant's DA Form 2339 shows he completed 20 years, 8 months, and 27 days of total service for basic pay purposes. This form clearly shows that his active service from 4 December 1956 to 8 August 1961 was included in the calculation of his total active Federal service. This total service is also shown on his final DD Form 214. 3. Based on the fact that the period of service in question was included in the final calculation of his total active service, as evidenced by his DA Form 2339, it appears there is no error regarding the applicant's total service performed. 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. ABCMR Record of Proceedings (cont) AR20150004967 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004967 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1