IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150011076 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: 7 April 2016 DOCKET NUMBER: AR20150011076 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: 7 April 2016 DOCKET NUMBER: AR20150011076 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show he was separated on 22 September 1972. 2. The applicant states he was involved in a troop reduction program during the Vietnam War and he was promised a full 24-month service record and benefits package. 3. The applicant provides no additional evidence. 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 was inducted into the Army of the United States on 22 September 1970 for the active duty commitment of 24 months. 3. He served in Germany from 20 March 1971 to 20 April 1972. 4. Orders issued by Headquarters, 3rd Infantry Division on 10 March 1972, directed his reassignment to the transfer station for separation processing with a reporting dated of 18 April 1972. These orders show the authority for his separation was Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) and Department of the Army (DA) Message DAPE-MPP, 102035Z, dated December 1971 (Early Release of Army of the United Sates and First Term Regular Army Personnel – Phase Down Release Programs (Early Out from Vietnam)). The orders show his original expiration term of service (ETS) date was 21 September 1972. 5. He was released from active duty on 24 April 1972, after completing 1 year, 7 months, and 3 days of active service, and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 shows he was released from active duty under the authority of Part III and Part IV of DA Message DAPE-MPP, 102035Z, dated December 1971. REFERENCES: DA Message DAPE-MPP 102035Z, dated December October 1971 (message not available), was one of a series of messages that implemented post-Vietnam phase down release initiatives in the early 1970s using the Reserve Components Active Army In-Service Recruiting Program as a means to transition personnel to serve in the Reserve Component. These initiatives essentially provided for voluntary early release from active duty of first term soldiers who agreed to serve in an active ARNG or USAR unit. a. Regular Army first-term Soldiers serving on an initial tour could be released from active duty as soon as possible following application and acceptance by an ARNG or USAR unit, provided they agreed to serve until their original ETS date with that ARNG or USAR unit. b. Individuals separated under this early release program were eligible to receive the full 24 or 36 months of educational benefits depending on their original term of obligated service; however, it was not the intention of the early release program to grant creditable active Federal service for time not actually served on active duty. DISCUSSION: 1. The applicant met the criteria for early release and subsequent assignment to a USAR or ARNG unit as specified in DA Message DAPE-MPP, 102035Z, dated December 1971. 2. However, it was not the intention of the early release program to grant creditable active Federal service for time not actually served on active duty. The evidence shows he was released from active on 24 April 1972. Therefore, the separation date shown on his DD Form 214 appears to be 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) AR20150011076 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011076 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2