BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017179 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ ___x_ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017179 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending Letter Orders Number 1-1373, issued by Headquarters, Fourth United States Army, Fort Sam Houston on 30 January 1968 to show the effective date of discharge as 28 November 1966 * issuing the applicant an Honorable Discharge Certificate reflecting the discharge date of 28 November 1966 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending/issuing the applicant an Honorable Discharge Certificate reflecting the USAR discharge date of 20 November 1968. __________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. BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017179 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 the separation date shown on his Honorable Discharge Certificate. 2. The applicant states his correct date of discharge was 20 November 1968. His discharge certificate shows 28 November 1967. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the correct separation date. 3. The applicant provides his DD Form 214 and 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 enlisted in the Texas Army National Guard (TXARNG) for 6 years on 6 February 1965. He was assigned to Company A, 4th Battalion, 144th Infantry, Brownsville, TX. 3. He entered active duty for training on 12 March 1965. He completed required training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 4. He was honorably released from active duty for training on 26 July 1965 and transferred back to his State ARNG. He was issued a DD Form 214 that captured his 4 months and 14 days of active service. His military service obligation termination date is shown as 5 February 1971 (6 years from date of enlistment). 5. On 25 May 1966, the applicant's commander submitted a DD Form 44 (Record of Military Status of Registrant) indicating the applicant had ceased to serve satisfactorily and requested the applicant be put on the high priority induction list as his drill attendance was unsatisfactory. 6. He was honorably separated from the TXARNG on 3 June 1966, and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining obligation of 4 years, 8 months, and 2 days. 7. He was issued an NGB Form 22 (Report of Separation and Record of Service) that credited him with 1 year, 3 months, and 28 days of ARNG service. 8. On 25 November 1967, the applicant was assigned to Company C, 5th Tank Battalion, 35th Armor, Harlingen, TX, a troop program unit of the USAR. 9. Meanwhile, he was inducted into the Army of the United States on 29 November 1966. He was trained in and held MOS 13A (Field Artillery Basic). He served at Fort Carson, CO, and then in Vietnam from on or about 27 July 1968 to on or about 15 November 1968. 10. On 9 January 1968, the applicant's USAR unit commander submitted an AG Form 288 (Request for Assignment or Attachment of USAR Personnel). He requested the applicant be relieved from the unit and discharged from the USAR. He stated: * the applicant was mandatorily assigned to his unit on 25 November 1967 * correspondence was received from the Commander, 5th Battalion, 4th Artillery, Fort Carson, indicating he was in the Regular Army since 29 November 1966 11. On 30 January 1968, Headquarters, Fourth United States Army, Fort Sam Houston, TX published Letter Orders Number 1-1373 honorably discharging him from the Army Reserve (Ready) effective 28 November 1967 and issued him a DD Form 256A (Honorable Discharge Certificate). 12. He was honorably released from active duty on 20 November 1968 and transferred to the U.S. Army Reserve to complete his remaining service obligations. 13. He was issued a DD Form 214 that captured his 1 year, 11 months and 22 days of active service and listed the terminal date of his Reserve obligation as 28 November 1972. 14. On 18 October 1972, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO published Letter Orders 10-1432422 honorably discharging him from the Standby Reserve on 28 November 1972, the date he completed his service obligation. REFERENCES: Army Regulation 635-10 (Separation Processing and Documents) governs the processing of personnel for separation and preparation of separation documents. Chapter 9 provides for authorized separation documents. The DD Form 256A (Honorable Discharge Certificate) is issued to all Soldiers receiving an honorable discharge. DISCUSSION: The date shown on the applicant's Honorable Discharge Certificate is incorrect but not for the reason the applicant contends: a. He enlisted in the TXARNG for 6 years on 6 February 1965. His terminal date of Reserve obligation was established as 5 February 1971. However, he was an unsatisfactory participant in the ARNG. As a result, his commander released him from the ARNG and transferred him the USAR (to complete his remaining 4 years, 8 months, and 2 days of service obligations). His commander also recommended his induction. b. While in the USAR, he was assigned to Company C, 5th Tank Battalion, 35th Armor, a troop program unit of the USAR. Unknown to his chain of command, and based on the ARNG commander’s recommendation, he was inducted into the Army of the United States and entered active duty on 29 November 1966. c. When his USAR commander received the Selective Service System induction notice and realized that the applicant had been on active duty since 29 November 1966, the commander immediately initiated a request to the CG, 4th Army, to discharge the applicant from the USAR. d. As a result, discharge orders were published on 30 January 1968 honorably discharging the applicant effective 28 November 1967 and issued him a DD Form 256 reflecting this date. The correct date of separation should have been 28 November 1966 which is the date before his induction. e. The evidence supports amendment to the discharge order and the issuance of a corrected Honorable Discharge Certificate showing he was discharged on 28 November 1966. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017179 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017179 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2