IN THE CASE OF: BOARD DATE: 1 November 2016 DOCKET NUMBER: AR20150013795 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: 1 November 2016 DOCKET NUMBER: AR20150013795 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: 1 November 2016 DOCKET NUMBER: AR20150013795 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 DD Form 214 (Report of Separation from Active Duty), ending 24 June 1976, to reflect his active service starting on 5 January 1995 * provide reimbursement for expenses incurred for the period 5 January 1995 to 5 January 2016, or date of approved resignation * accept his resignation from active duty effective 5 January 2016, and with that, authorize retirement for length of service (over 26 years) * provide dependent benefits for his daughter, SN * to personally appear before the Board 2. The applicant states, in effect: a. He requests that his records show his activation on 5 January 1995 by act of war. (1) He has been serving as an undercover Army air defense special agent. He was trained to do posts, and much more. He has done the best job he could, with many sacrifices. (2) He is making this request so that he can retire, and to that end, he submits with this application his resignation from active duty, to be effective 5 January 2016. b. On 5 January 1995, he was activated by an act of war. A carrier saucer-ship landed and sat on the ground for 29 to 30 days. (1) He is "under limits of Post." He was trained in 1973 to go undercover in the population should an event like this ever occur. He was to post events as trained, and "need-to-know" was in effect. He "posted Army HQ Ft Lewis 6-12-2011." (2) He is well trained to do this job, and has done a great job for our country. He was trained to destroy the ship, if hostile. (3) He had to sacrifice seeing his daughter grow up. His job destroyed his family life. c. He can provide a description of "the Asgauards! [or] the greys, whatever you want to call our neighbors. They are tapped in" and "have been studying us for years." 3. The applicant provides: * document titled "THIS IS AN ARMY AIR DEFENSE POST" * document with heading "Declassify" and titled "Saucer Ship Drive System" * document titled "Draft II, Final Chapter, Project Blue Book" * hand-drawn pictures of a saucer ship, parking lot, and encampment 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 U.S. on 10 February 1971. Following initial training, he was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Scout). He was assigned to a unit in Germany. 3. While in Germany, he was honorably discharged for the purpose of immediate reenlistment on 28 December 1972. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 10 months, and 20 days of net active creditable service. He was awarded or authorized the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16A1). 4. He was reassigned on permanent change of station orders to Fort Lewis, WA, arriving on or about 23 February 1973. 5. On or about 24 February 1976, he was again stationed in Germany. On or about 23 March 1976, he acquired MOS 16P (Air Defense Artillery Short Range Missile Crewman). On or around the beginning of June 1976, he was attached to a unit at Fort Lewis. 6. On 7 June 1976, he submitted a DA Form 2476 (Application for Separation – Hardship or Dependency). He indicated being separated from his family (wife and two children) caused him to suffer depression, and he had been seeking help from a psychiatrist. 7. On 8 June 1976, the separation approval authority located at Fort Lewis approved the applicant's request and directed discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 6 (Separation Because of Dependency or Hardship), paragraph 6-4a (Dependency). 8. On 24 June 1976, the applicant was honorably discharged under the provisions of AR 635-200, paragraph 6-4a. His DD Form 214 (Report of Separation from Active Duty) showed: * completed 3 years, 5 months, and 27 days of net active creditable service for this period, and had 5 years, 4 months, and 15 days total active service * was separated at Fort Lewis * no authorized awards or decorations * in item 10 (Reenlistment Code), RE-3 (ineligible for reenlistment unless a waiver is granted) 9. His available service records are void of any orders indicating he was directed to return to active duty at any point after his discharge. Additionally, there is no documentation verifying he enlisted, was inducted, or otherwise added to the Army's rolls at any time after his discharge. 10. The applicant provides: a. Document titled "THIS IS AN ARMY AIR DEFENSE POST" describing the landing of a saucer ship near a town in WA, and indicating it departed about 25 days later. The document apparently served as public notice. b. Document with heading "Declassify" and titled "Saucer Ship Drive System" with what appears to be a description of the power source for the saucer ship. c. Document titled "Draft II, Final Chapter, Project Blue Book" which, in effect, discusses alien visitations and offers a definition of an Army Air Defense Post. d. Documents showing hand-drafted schematics with trees and a parking lot. REFERENCES: 1. AR 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), currently in effect, prescribes policies and procedures for enlisted administrative separations. Chapter 12 (Retirement for Length of Service) outlines the requirements to be retired based on length of service. As stated in Title 10, U.S. Code, sections 3914 and 3917, Soldiers must be on active duty when they retire. A Soldier in the Regular Army who has completed 20, but less than 30 years of active Federal service in the U.S. Armed Forces may, at the discretion of the Secretary of the Army, be retired at his or her request. The Soldier must have completed all required service obligations at the time of retirement. 2. Title 10, U.S. Code, section 519 (Temporary Enlistments: During War or Emergency) states temporary enlistments in an armed force entered into in time of war or of emergency declared by Congress shall be for the duration of the war or emergency plus 6 months. Only persons at least 18 years of age or otherwise qualified under regulations by the Secretary concerned are eligible for such enlistments. 3. AR 601-210 (Regular Army and Reserve Components Enlistment Program), prescribes policies and procedures for the enlistment processing of persons into the Regular Army, U.S. Army Reserve, and the Army National Guard. It outlines the requirements for prior service applicants to be accepted for enlistment. It also defines the requirement to have a waiver approved for an RE-3 reentry code. 4. AR 600-8-14 (Identification cards for Members of the Uniformed Services, their Eligible Family Members, and other Eligible Personnel), outlines eligibility for a dependent military identification card (ID) in chapter 4 (ID Cards for Children). a. It states unmarried children are entitled to medical care by law until age 21. They are also entitled to commissary, exchange, and morale, welfare and recreation privileges. These privileges normally end at age 21. b. Unmarried dependents aged between 21 and 23 years of age can retain eligibility if enrolled in a school. Unmarried dependents who are incapacitated can receive benefits; required documentation is needed to validate incapacitation. 5. AR 15-185 (ABCMR) prescribes policies and procedures for the ABCMR. It states, in pertinent part, the ABCMR considers individual applications that are properly brought before it. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. c. The ABCMR may, in its discretion, hold a hearing or request additional supporting documentation or opinions. It states further, in paragraph 2-11, that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the Board. The Director of the ABCMR, or a panel of the Board, can authorize a personal appearance. In this case, the evidence of record is sufficient to render a fair and equitable decision at this time. 2. The applicant requests, in effect, correction of his DD Form 214 to show active service beginning on 5 January 1995. He asserts, based on a resignation date of 5 January 2016, he would have over 26 years of active Federal service. a. The evidence of record shows he served a total of 5 years, 4 months, and 15 days of net creditable active service. Assuming he was on active duty from 5 January 1995 to 5 January 2016, he would have 26 years, 4 months, and 16 days of total active service. b. The law does contain a provision wherein citizens can be temporarily enlisted in the armed forces during emergencies or time of war. However, such action would be based on Congressional declarations, and executed in accordance with Army regulations. There is no evidence Congress declared a time of war based on the incident described by the applicant. c. His record is void of any documentary evidence indicating he entered active service with the Army at any time after his discharge on 24 June 1976. Additionally, the applicant provides no substantiating records (such as orders or enlistment/induction documents) to support his claim that he has been on active duty since 5 January 1995. d. The ABCMR begins its consideration of each case with the presumption of administrative regularity. It is not an investigative body, and decides cases based on the evidence available in military records, and that which is provided by the applicant. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. With regard to his request to resign and be authorized military retirement benefits, based on the fact there is no evidence to support a conclusion that he actually served from 5 January 1995 to present, there is insufficient evidence to support this request. 4. As to benefits for his daughter, because he does not appear eligible for either active service or military retirement benefits, it appears she is also not eligible for benefits. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013795 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013795 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2