IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100000434


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 his date of discharge be corrected.

2.  The applicant states he was in an accident at 2345 hours on 11 October 1974.  He has medical problems and needs help.

3.  The applicant provides a handwritten letter and a copy of a DA Form 285 (Ground Vehicle Accident Report) for an accident that occurred on 11 October 1974.

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.  Born on 30 August 1949, the applicant enlisted in the U.S. Army Reserve (USAR) with no prior military service on 3 February 1969 for 6 years.  He enlisted for service in a troop program unit, the 307th Chemical Company, Greenville, SC.

3.  The applicant was ordered to active duty for training (ACDUTRA) on 1 August 1969.  He was first sent to Fort Benning, GA, for basic combat training (BCT).  Following BCT, he was sent to Fort McClellan, AL, for advanced individual training (AIT) in military occupational specialty (MOS) 54A (Smoke Generator Operator).  Following completion of AIT and award of his MOS, he was honorably released from ACDUTRA on 5 December 1969 and returned to his USAR unit.

4.  The applicant's records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his ACDUTRA period.  It shows he entered active duty on 1 August 1969 and was released from active duty on 5 December 1969 after being awarded MOS 54A.

5.  The applicant served in the 307th Chemical Company for 6 years.  When his enlistment expired, he did not reenlist.  Letter Orders Number 1-1255, Headquarters, First U.S. Army, Fort Meade, MD, dated 28 January 1975, honorably discharged the applicant from the USAR effective 2 February 1975, exactly 6 years from his date of enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his date of discharge corrected.  He does not specify which date is incorrect, or what he believes the correct date to be.

2.  The applicant's records contain two "discharge" dates.  The first date is his release from ACDUTRA; this is not technically a "discharge" date, it is simply the date he was released from active duty during which time he received BCT and AIT so that he could be a Soldier and have a skill in the USAR.  The second date is a true "discharge" date from the USAR.  The applicant enlisted in the USAR for 6 years on 3 February 1969 and he was honorably discharged on 2 February 1975, exactly 6 years later.  Neither of these dates is incorrect.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


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)                                         AR20100000434



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ABCMR Record of Proceedings (cont)                                         AR20100000434



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