ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  17 October 2019

	DOCKET NUMBER:  AR20170013037


APPLICANT REQUESTS:  in effect, credit for the additional 10 days he served on 
active duty following Advanced Individual Training (AIT).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from the Iowa Commission of Veterans Affairs (VA) dated 6 July 2017

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he is homeless and trying to get VA benefits.  He needs his 
orders extending him 10 days beyond AIT in preparation for an Inspector General 
(IG) inspection.

3.  The applicant provides a letter from the Iowa Commission of Veterans Affairs, 
dated 6 July 20017, which states they are assisting the applicant in obtaining proof 
of service for the 10 days of active duty because he would qualify for more 
assistance as a homeless Veteran.  The applicant has been diagnosed with bladder 
cancer and has incurred high medical bills since he is unable to work.  The applicant 
shared he was assigned to Company B, 5th Battalion, 4th Brigade in Fort Leonard 
Wood, MO as a truck driver trainee.  He lost his documentation in the 2008 Iowa 
flood.

4.  A review of the applicant’s service record shows:

   a.  He enlisted in the U.S. Army Reserve (USAR) on 28 April 1982.  

   b.  Initial Active Duty Training (IADT) Orders 87-06, dated 28 April 1982, ordered 
the applicant to active duty for training with an AIT reporting date of 8 May 1982.  He 
entered active duty on 7 May 1982.

	c.  Orders 242-200, dated 30 August 1982, awarded the applicant his military 
occupational specialty of 64C (Motor Transport Operator), and released him from 
IADT with an effective date of 2 September 1982.

	d.  The record is void of documentation indicating the applicant was extended to 
participate in an IG inspection.

	e.  He was honorably released from active duty on 2 September 1982.  His DD 
Form 214 (Certificate of Release or Discharge from Active Duty) shows he 
completed 3 months and 26 days of active service.  It also shows:

*	Block 7 (Last Duty Assignment and Major Command) – Company B, 5th 
Battalion, 4th Brigade, USATC, ENGR, TRADOC, TC
*	Block 9 (Command to Which Transferred) – Headquarters and 
Headquarters Company (HHC) 1/410th Infantry, Iowa City, IA

5.  By regulation, the DD Form 214 is a summary of the Soldier's most recent period 
of continuous active duty.  It provides a brief, clear-cut record of all current active, 
prior active, and prior inactive duty service at the time of release from active duty, 
retirement, or discharge.  The information entered thereon reflects the conditions as 
they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  Nothing in the record supports him serving an additional 10 
days.  The Board wished to inform the applicant that if he can produce supporting 
evidence of such active service (such as Leave and Earnings Statements, or 
amendment orders, or other documentary evidence), he may reapply to this Board 
for reconsideration 





BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.
	  
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a 
summary of the Soldier's most recent period of continuous active duty.  It provides a 
brief, clear-cut record of all current active, prior active, and prior inactive duty service 
at the time of release from active duty, retirement, or discharge.  The information 
entered thereon reflects the conditions as they existed at the time of separation.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170013037

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