IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010752 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010752 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. _______________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. IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010752 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 Special Orders Number 076, dated 17 March 1970, to show he was discharged on 11 March 1970. 2. The applicant states Special Orders 076, dated 17 March 1970, show he was honorably discharged on 3 November 1969. His DD Form 214 shows the termination of his reserve obligation was 11 March 1970. This must be a clerical error. Why would the Army give him an honorable discharge four months early? He is applying for a Department of Veterans Affairs (VA) loan and he needs to show 6 years of service. 3. The applicant provides copies of his DD Form 214 and Special Orders 076, issued by Headquarters, First U.S. Army, Fort Meade, Maryland, dated 17 March 1970. 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 military service records are not available to the Board for review. However, the documents the applicant provided are sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's discharge processing documentation is not available for review. His DD Form 214 shows he served on active duty from 10 May 1964 to 3 October 1964 as a member of the U.S. Army Reserve (USAR). He was released to the USAR upon completion of training. He had completed 4 months and 24 days of active duty service during the period covered by the DD Form 214. Item 18 (Terminal Date of Reserve Obligation) shows the entry 11 March 1970. The military service obligation (MSO) in effect at the time was six years. 4. He provides a copy of Special Orders 076, dated 17 March 1970, showing he was honorably discharged from the "USAR READY" effective 3 November 1969 due to the expiration of his term of service. REFERENCES: 1. Army Regulation 601-210 (Active and Reserve Component (RC) Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, USAR, and Army National Guard (ARNG). Chapter 1 states that service in the USAR or ARNG is either statutory or contractual. 2. Under the provisions of Title 10, U.S. Code, section 651, each person who becomes a member of a U.S. Armed Force, either by enlistment, appointment, or induction, will serve in the U.S. Armed Forces for a total initial period of 6 years (the law changed this to 8 years in June 1984). Any part of such service that is not active duty will be performed in a Reserve Component. A person's statutory MSO runs concurrently with a contractual MSO. 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-9 states the ABCMR begins consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence shows the applicant served on active duty for 4 months and 24 days as a member of the USAR. His DD Form 214 shows he was released to the USAR on 3 October 1964. Item 18 shows the terminal date of his reserve obligation was 11 March 1970. 2. He provided orders showing he was discharged for the "USAR READY" effective 3 November 1969. 3. The specific facts and circumstances surrounding his discharge are not available for review. While it appears he did not serve to the date of his MSO, there is insufficient documentation available to determine if an error was made when he was discharged effective 3 November 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010752 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010752 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2