IN THE CASE OF: BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160004221 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army of the individual concerned be corrected by: * issuing him an Honorable Discharge Certificate for his period of U.S. Army Reserve service from 4 November 1964 through 5 June 1965 * correcting his DD Form 214, for the period ending 5 June 1965, to show in: * item 24a – 7 months and 1 day * item 24b – 3 years and 18 days (for his USAR enlisted service) * item 24c – 3 years, 7 months, and 19 days 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: * issuance of a DD Form 214 for his U.S. Army Reserve inactive service for the period from 6 June through 21 October 1965 * correction of item 3b of his DD Form 214 ending on 23 November 1965 * subsequent issuance of DD Forms 214 to show proper service credit 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: 23 January 2018 DOCKET NUMBER: AR20160004221 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :TCD :SOS :SMP GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160004221 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 21 October through 23 November 1965 to show in item 3b (Date of Rank (DOR)) 6 June 1965 instead of 21 October 1965 * issuance of a DD Form 256A (Honorable Discharge Certificate) for his period of active duty from 4 November 1964 through 5 June 1965 * issuance of a DD Form 214 for his inactive service in the U.S. Army Reserve (USAR) for the period from 6 June through 21 October 1965 * subsequent issuance of DD Forms 214 to show proper service credit 2. The applicant states: a. His reasons for the corrections are to complete the record with proper documentation and provide proper calculation of Federal service required by the Office of Personnel Management (OPM). He discovered the error when applying for Federal civilian benefits. In effect, he was not provided a DD Form 256A for his period of service from 4 November 1964 through 5 June 1965. The various dates on each DD Form 214 are confusing to laymen and not evident of missing periods when applying for some affected Federal benefits. At least one date is included in item 32 (Remarks) of his DD Form 214 for the period ending on 23 November 1965. However, this date was not included in the official record for service time and DOR. b. Also, the dates of entry and separation dates and service credit are obliterated from the DD Form 214 for the period ending on 5 June 1965. Item 3b of his DD Form 214 for the period ending on 23 November 1965 indicates his DOR for second lieutenant (2LT) as 21 October 1965 and it should be 6 June 1965. c. Both DD Forms 214 indicate a break in Federal service for appropriate credit from 5 June through 21 October 1965. 3. The applicant provides his two DD Forms 214 for the periods ending 5 June 1965 and 23 November 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 the cases 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. 2. The applicant enlisted in the USAR on 15 September 1961 and he was discharged on 12 October 1964. He completed 3 years and 28 days of inactive (USAR) service. His record is void of a separation order for this period of inactive (USAR) service. 3. He enlisted in the USAR to participate in the Reserve Officers' Training Corps (ROTC) Program on 4 November 1964. He entered active duty on the same date. He was honorably discharged from active duty on 5 June 1965 to accept appointment as a commissioned officer. He completed 7 months and 1 day of active service during this period. His DD Form 214 shows in: * item 13b (Type of Certificate Issued) – DD Form 256A (Honorable Discharge Certificate) (indicating he had been issued such certificate) * item 24 (Statement of Service) – the entry "NA" (indicating he had not completed any active service) * item 32 (Remarks) – No entry 4. He was appointed as a commissioned officer in the USAR, as a 2LT, on 6 June 1965. His record is void of his appointment orders. He entered active duty on 21 October 1965. 5. He was honorably released from active duty on 23 November 1965 for vacation of Reserve appointment to accept a Regular Army (RA) appointment. His DD Form 214 for this period of service lists in: * item 3a (Grade, Rate, or Rank) – 2LT * item 3b – 21 October 1965 * item 22a (Net Service This Period) – 1 month and 3 days * item 22b (Other Service) – 4 months and 15 days * item 22c (Total) – 5 months and 18 days * item 22d (Total Active Service) – 1 month and 3 days * item 32 – Permanent 2LT USAR Appointment 6 June 1965 6. He was appointed in the RA, as a 2LT, on 24 November 1965. His record is void of his appointment orders. 7. His records contain a DA Form 2-1 (Personnel Qualification Record), dated 15 March 1975, that shows in item 18 (Appointments and Reductions), he was appointed in the USAR as a 2LT effective 6 June 1965 and his eligible DOR for 2LT in the RA was 21 October 1965. 8. He was honorably discharged from active duty as a captain on 29 November 1980 to accept an appointment as a USAR warrant officer. His DD Form 214 (Certificate of Release or Discharge from Active Duty) lists in: * item 12a (Date Entered Active Duty This Period) – 21 October 1965 * item 12b (Separation Date This Period) – 29 November 1980 * item 12c (Net Active Service This Period) – 15 years, 1 month, and 9 days * item 12d (Total Prior Active Service) – zero credit * item 12e (Total Prior Inactive Service) – 4 months, and 16 days 9. He was appointed a Reserve warrant officer of the Army on 30 November 1980 with concurrent call to active duty. 10. His records also contain a DAPC-OPP-R Form 1985 (Computation of Officer's Service), dated 31 May 1986, showing in: a. Total Service Including Periods of Active Duty – * USAR (enlisted) – from 15 September 1961 through 12 October 1964, a period of 3 years and 28 days * USAR (commissioned) – from 6 June 1965 through 23 November 1965, a period of 5 months and 18 days * RA (commissioned) – from 24 November 1965 through 29 November 1980, a period of 15 years and 6 days * USAR (warrant officer) – from 30 November 1980 through 31 May 1986, a period of 5 years, 6 months, and 1 day * completed 24 years and 23 days of total service for pay purposes b. Active Federal Service – * USAR (commissioned) from 21 October 1965 through 23 November 1965, a period of 1 month and 3 days * RA (commissioned) from 24 November 1965 through 29 November 1980, a period of 15 years and 6 days * USAR (warrant officer) from 30 November 1980 through 31 May 1986, a period of 5 years, 6 months, and 1 day * completed 20 years, 7 months, and 10 days of total active Federal service 11. He served continuously on active duty in various assignments until he was honorably retired on 31 August 1987. His retirement DD Form 214 lists in: * item 12c – 6 years, 9 months, and 1 day * item 12d – 15 years, 1 month, and 9 days * item 12e – 3 years, 5 months, and 13 days 12. On 6 February 1989, the Army Reserve Personnel Center, issued a DD Form 215 (Correction to DD Form 214) correcting the DD Form 214 for the period ending 31 August 1987 to show in item 12f a credit of "3 years and 12 days" instead of "3 years, 5 months, and 13 days." REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed the policies and procedures for the preparation of separation forms. 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. The regulation stated: * item 3b – would list the date of appointment to the grade listed in item 3a * item 32 (Remarks) – was used to complete entries too long for their respective blocks 2. The current version of AR 635-10 (Separation Processing and Documents) governs the processing of personnel for separation and preparation of separation documents. Chapter 9 provides for authorized separation documents. The DD Form 256A (Honorable Discharge Certificate) is issued to all Soldiers receiving an honorable discharge. DISCUSSION: 1. With respect to issuance of a DD Form 256A (Honorable Discharge Certificate) for the applicant's period of active duty from 4 November 1964 through 5 June 1965: a. The evidence shows he served in the USAR, in an enlisted status, from 15 September 1961 through 12 October 1964, a period of 3 years and 28 days of inactive service. His record is void of a separation order for this period of inactive service. b. He was appointed in the USAR (ROTC) on 4 November 1964 and entered active service as a cadet on the same date. He was honorably discharged from the ROTC on 5 June 1965 to accept a commission. He was issued a DD Form 214 that shows he was also issued a DD Form 256A. The evidence indicates he was already issued an Honorable Discharge Certificate. c. As a related item to this period of service, he enlisted in the USAR (ROTC) and entered active duty on 4 November 1964, and he was separated on 5 June 1965. He completed 7 months and 1 day of active service. The DD Form 214 for the period ending 5 June 1965 does not show any active service credit from 4 November 1964 to 5 June 1965 or prior inactive service credit from 15 September 1961 to 12 October 1964. His DD Form 214 for this period should show in: * item 24a – 7 months and 1 day * item 24b – 3 years and 18 days (prior USAR enlisted service) * item 24c – 3 years, 7 months, and 19 days 2. With respect to correction of his DD Form 214 for the period from 21 October through 23 November 1965 to show in item 3b his DOR for 2LT as 6 June 1965 instead of 21 October 1965: a. The evidence of record shows he was appointed in the USAR as a 2LT on 6 June 1965. He entered on active duty on 21 October 1965. His service record contains a DA Form 2-1 that shows his DOR eligibility date for 2LT was 21 October 1965. b. It appears item 3b of this form properly shows his RA eligibility DOR of 21 October 1965. 3. With respect to issuance of a DD Form 214 for his USAR inactive service for the period from 6 June through 21 October 1965, the evidence shows he was appointed in the USAR on 6 June 1965. He entered active duty on 21 October 1965. By regulation, a DD Form 214 will only be issued for a continuous period of active duty. His service in the USAR from 6 June through 20 October 1965 was inactive service and is not considered a period of active duty for issuance of a DD Form 214. 4. With respect to issuance of DD Forms 214 to show proper service credit: a. A DAPC-OPP-R Form 1985 was prepared and issued a 31 May 1986 listing his service in the USAR (enlisted from 1961 to 1964), (commissioned – 1965), and warrant officer from 1980 to 1986) and RA (commissioned from 1965 to 1980) of 24 years and 23 days of total service for pay purposes. b. This form also lists his service in the USAR and RA (commissioned from 1965 to 1980) and USAR (warrant officer from 1980 to 1986) of 20 years, 7 months, and 10 days of total active federal service as of 31 May 1986. c. His record is void of evidence showing this form does not contain the proper calculation of his total service for pay purposes and active federal service for purpose of active federal retirement at the time it was prepared. d. He was honorably retired on 31 August 1987, after completing an additional 1 year of active federal service, for a total of 21 years, 7 months, and 10 days of active federal service. e. It appears he was issued appropriate DD Forms 214 for his periods of active duty from 4 November 1964 through 5 June 1965, 21 October through 23 November 1965, 21 October 1965 through 29 November 1980, and 30 November 1980 through 31 May 1987. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004221 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004221 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2