BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012366 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: 11 August 2016 DOCKET NUMBER: AR20150012366 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: 11 August 2016 DOCKET NUMBER: AR20150012366 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) for the period ending 28 June 1965 to show his: * Regular Army (RA) service from 29 June 1965 to 28 June 1968 * rank as specialist five * Vietnam service * component as RA 2. The applicant states: * this DD Form 214 does not show his correct tenure of service from June 1965 to June 1968 * his rank was specialist five, not private two * he spent 13 months in Vietnam * his component was RA, not Enlisted Reserve Corps * he spent 3 1/2 years on active duty * he received medals, including the Vietnam Service Medal 3. The applicant provides his DD Form 214 for the period ending 28 June 1965. 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 U.S. Army Reserve (USAR) on 7 January 1965 for a period of 6 years. He was ordered to active duty for training on 28 January 1965 and he was released from active duty (REFRAD) on 28 June 1965 after completing 5 months and 1 day of net active service. His DD Form 214 for this period shows: * his active duty for training service from 28 January 1965 through 28 June 1965 * his rank as private two * his component as USAR 3. He was discharged from the USAR on 28 June 1965 for immediate enlistment in the RA. He enlisted in the RA on 29 June 1965 for a period of 3 years. He served as a medical specialist in Vietnam from 15 March 1967 to 8 March 1968. On 28 June 1968, he was honorably REFRAD in the temporary rank of specialist five after completing 3 years of net active service. 4. His DD Form 214 for this period shows: * he entered active duty on 29 June 1965 * he was REFRAD on 28 June 1968 * his temporary rank as specialist five * he served in U.S. Army Pacific (Vietnam) for 11 months and 24 days * his component as RA REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. a. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. b. It stated a DD Form 214 would be prepared for all Reserve Component personnel after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support, and after completing initial active duty for training which resulted in award of a military occupational specialty, even though the active duty period was less than 90 days. DISCUSSION: 1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his REFRAD. 2. The evidence shows he was issued DD Forms 214 for his USAR active duty for training from 28 January 1965 through 28 June 1965 and his RA active duty service from 29 June 1965 through 28 June 1968 in accordance with the governing regulation. 3. There is no error or injustice. A copy of his DD Form 214 for the period ending 28 June 1968 will be provided to him. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012366 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012366 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2