BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150003714 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 his records to show his active duty service from June 1972 to June 1974. 2. The applicant states, in effect, that after completing a period of active service as an enlisted Soldier, he accepted a commission in the U.S. Army Reserve (USAR) and completed an additional 2 years of active service from 1972 to 1974. He contends that he did not receive a DD Form 214 (Certificate of Release or Discharge from Active Duty) for this active service. 3. The applicant provides his DD Form 214, ending 1 June 1972, and numerous military orders. 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 Regular Army on 21 June 1971 and he was honorably discharged on 1 June 1972 for the purpose of accepting a commission as an officer in the Army. 3. Headquarters, U.S. Army Field Artillery School Brigade, Fort Sill, OK, issued Orders Number A-5-17, dated 22 May 1972, ordering the applicant to active duty effective 2 June 1972 as a USAR field artillery second lieutenant. These orders further show: * he had an obligated voluntary 2-year active duty commitment * he was assigned to the 1st Basic Combat Training Brigade, Army Training Center, Fort Jackson, SC, with a report date of 23 June 1972 4. His military record contains the following three DA Forms 67-6 (U.S. Army Officer Efficiency Report (OER)) completed while he was assigned to Fort Jackson, SC: * an initial report for the period 2 June to16 November 1972 * a change of rater report for the period 17 November 1972 to 18 June 1973 * a separation report for the period 19 June 1973 to 1 June 1974 5. His record is void of a DD Form 214 for the period 2 June 1972 to 1 June 1974. 6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. This regulation further states that if no DD Form 214 is available, a statement of service or transcript of military record may be issued. 7. 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. The regulation provides that the ABCMR 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 AND CONCLUSIONS: 1. The applicant requests correction of his records to show his active duty service from June 1972 to June 1974. 2. The evidence of record shows the applicant was ordered to active duty on 2 June 1972 and his OERs show that he served in an active duty status from this date to 1 June 1974. His DD Form 214 for this period of service is not available in the records; however, it must be presumed that a DD Form 214 was issued to cover this period of service. 3. Regulatory guidance prohibits replacing a lost DD Form 214 but permits issuing a statement of service when no DD Form 214 is available. His active duty period of service meets the requirement for the issuance of a statement of service. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X_____ __X______ __X__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 the individual concerned be issued a statement of service for his active service from 2 June 1972 to 1 June 1974. 2. The Board further determined that 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 issuing a DD Form 214 for the period of service from June 1972 to June 1974. _______ _ 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) AR20150003714 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003714 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1