BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002332 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 BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002332 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. BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002332 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, correction of his military records by showing he was on active duty for 108 days as a recruiter with the 110th Field Artillery, 58th Brigade, Baltimore, Maryland. 2. The applicant states he had an active duty identification card and access to the Post Exchange. 3. The applicant provided no additional documentation. 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. Records show the applicant enlisted in the Maryland Army National Guard (MDARNG) on 19 April 1969. 3. On 29 May 1969, the applicant was ordered to active duty for training as a medical corpsman. He completed the training requirements and he was released from active service and transferred back to his MDARNG unit on 13 October 1969. 4. Special Orders Number 191 AR, National Guard Bureau (NGB), dated 1 October 1971, announced the applicant’s initial appointment as a second lieutenant (2LT) in the MDARNG, effective 28 August 1971. He was assigned to Battery C, 2nd Battalion, 110th Artillery. 5. A DA Form 66 (Officer Qualification Record), Item 18 (Record of Assignments), contains an entry indicating he was on active duty full time training duty (FTTD) for recruiting 108 days commencing on 18 November 1973. This entry was lined through indicating it was voided. 6. Special Orders Number 237 AR, NGB, dated 10 December 1973, announced the applicant’s withdrawal of Federal recognition, effective 19 November 1973. 7. NGB Form 23 (Retirement Credits Record) shows the applicant’s duty status from 18 April 1971 through 19 November 1973. A review of this form indicates he completed active duty or active duty training on seventeen separate occasions between 4 March 1972 and 28 July 1973. With only two exceptions, each training event was separated by one or more days from the previous period of duty. None of the events, by themselves, exceeded 15 days. The total days listed equals about 140 days. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. a. The DD Form 214 was a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. This record included showing both creditable service and lost time, rank and pay grade at the time of separation, and military training to include military occupational specialties. b. A DD Form 214 will be prepared for Reserve Soldiers who complete 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides that the Board begins its 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 applicant contends he served on FTTD for a 108 days as a recruiter with the 110th Field Artillery, 58th Brigade, Baltimore, Maryland, and he was issued an active duty identification card and had access to the Post Exchange. He indicates he should have been given active duty credit for this service, which would be shown on a DD Form 214. 2. A review of the applicant’s records show he completed about 140 days of active duty and/or ADT between 1972 and 1973. However, none of this service equaled or exceeded the 90 day requirement for issuance of a DD Form 214. 3. The applicant’s record shows an entry for 108 days of FTTD was entered on his DA Form 66; however, this entry was voided by being lined through. 4. In the absence of evidence to the contrary, it must be presumed the applicant’s record of service is correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000882 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000882 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2