IN THE CASE OF: BOARD DATE: 22 December 2011 DOCKET NUMBER: AR20110012766 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, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served 17 months of active duty. 2. The applicant states: * His statement of service does not reflect his 17 months of service * He served at Fort Sill, OK for 17-19 months * He was originally scheduled to go to Vietnam but he was kept at Fort Sill because of his accounting ability to use a 10 key adding machine * He performed payroll duties * He was kept on a month-to-month basis * His DD Form 214 states he was released at the convenience of the Army * He has Parkinson's disease * He is trying to get Department of Veterans Affairs medical benefits 3. The applicant provides no documentary evidence. 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 enlisted in the Arkansas Army National Guard on 2 March 1966 for a period of 6 years. He was ordered to active duty on 20 June 1966 for training in military occupational specialty (MOS) 13A (field artillery basic crewman) at Fort Sill, OK for approximately 20 weeks. On 28 October 1966, he was released from active duty and transferred to the Army National Guard to complete his remaining service obligation. 3. His DD Form 214 shows in: * Item 11c (Reason and Authority) the entry "AR [Army Regulation] 635-200 SPN [Separation Program Number] 764 [Release of enlisted personnel upon completion of MOS training] Convenience of the Government" * Item11d (Effective Date) the entry "28 Oct 66" [28 October 1966] * Item 19c (Date of Entry) the entry "20 Jun 66" [20 June 1966] * Item 24a(1) (Net Service This Period) the entry "0 4 9" [4 months and 9 days] * Item 24a(2) (Other Service) the entry "0 3 18" [3 months and 18 days] * Item 24a(3) (Total) the entry "0 7 27" [7 months and 27 days] * Item 25a (Specialty Number and Title) shows the entry "13A10 FA [Field Artillery] Basic" 4. There is no evidence which shows the applicant served on active duty at Fort Sill, OK for more than 4 months and 9 days. DISCUSSION AND CONCLUSIONS: 1. He contends he served at Fort Sill, OK for 17-19 months. 2. Evidence of record shows he was ordered to active duty from the Army National Guard for MOS training at Fort Sill, OK on 20 June 1966 for approximately 20 weeks. He was released from active duty on 28 October 1966 after completing 4 months and 9 days, which is properly shown on his DD Form 214. 3. There is no evidence of record and he provided no evidence which shows he served at Fort Sill, OK for 17-19 months. Therefore, there is insufficient evidence on which to amend his DD Form 214. 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) AR20110012766 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110012766 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1