IN THE CASE OF:	  

		BOARD DATE:	        4 September 2008

		DOCKET NUMBER:  AR20080006792 


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, in effect, that his Honorable Discharge Certificate be changed to show he was in the U. S. Army and not the U. S. Army Reserve (USAR).

2.  The applicant states that he served in the U. S. Army overseas and is very proud of his time served.  He states he did not serve in the USAR.  

3.  The applicant provides his Honorable Discharge Certificate.

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 inducted into the Army of the United States on 7 April 1958 for 2 years.

3.  On 3 March 1960, the applicant was released from active duty with an honorable characterization of service and was transferred to the USAR to complete his Reserve obligation.

4.  On 31 March 1964, the applicant was honorably discharged from the USAR.

5.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) states that before      1 June 1984 all personnel incurred a 6-year statutory obligation on initial entry into the Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant may not have realized it, but upon his induction into the Army of the United States in April 1958 he incurred a 6-year statutory military obligation.

2.  When the applicant completed his 2-year active duty period of induction with the Army of the United States he was not discharged, he was only released from active duty with an honorable characterization of service.  He was then transferred to the USAR to complete his statutory military obligation.

3.  The applicant was honorably discharged when he completed his 6-year statutory military obligation on 31 March 1964, at which time he had been in the USAR.  

4.  Therefore, the applicant’s Honorable Discharge Certificate correctly reflects his status as being in the USAR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____xx__  __xx____  ___xx___  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.



      _________xxxx_________
               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)                                         AR20080006792



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ABCMR Record of Proceedings (cont)                                         AR20080006792



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