BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160004281 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: 26 October 2017 DOCKET NUMBER: AR20160004281 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: 26 October 2017 DOCKET NUMBER: AR20160004281 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) to show he was retained in service for the convenience of the Government for 2 months and 3 days instead of 3 days. 2. The applicant states that item 32 (Remarks) of his DD Form 214 has the entry "Retained in service 3 days Convenience of the Government." However, item 24 (Statement of Service) confirms he served for a total of 2 years, 2 months, and 3 days. He states that the entry in item 32 is the result of a clerical error. 3. The applicant provides a copy of his DD Form 214. 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. A DD Form 47 (Record of Induction) and an Acknowledgement of Reserve Service Obligation shows the applicant was inducted into the Army of the United States (AUS) on 6 January 1960 with a 2-year active duty service obligation and a total service obligation of 6 years. 3. The applicant completed training, was awarded military occupational specialty 710 (Clerk), and assigned overseas to Germany on 4 June 1960. 4. His DA Form 24 (Service Record), in pertinent part, shows in: * Section 2 (Reenlistment and/or Extension of Enlistment Data) the entry, "Term of service involuntarily extended to April 1962 per authority Department of the Army, message 569627, dated 22 August 1961" * Section 4 (Chronological Record of Military Service): Headquarters and Headquarters Company, 2nd Armor Battalion, 50th Infantry Regiment, from 13 June 1960 through 7 March 1962 5. His DA Form 20 (Enlisted Qualification Record) shows in item 10 (Enlisted or Inducted [Format: Component, Date, Length, Expires]): * AUS, 6 January 1960, 26 Months, 8 March 1962 * U.S. Army Reserve, 9 March 1962, 44 Months, 5 January 1966 6. The applicant's DD Form 214, in pertinent part, shows in: * item 24 – * block a (Creditable for Basic Pay Purposes): * line 1 (Net Service This Period): 2 Years, 2 Months, 3 Days * line 2 (Other Service): 0 Years, 0 Months, 0 Days * line 3 (Total): 2 Years, 2 Months, 3 Days * block b (Total Active Service): 2 Years, 2 Months, 3 Days * block c (Foreign and/or Sea Service): 1 Year, 9 Months, 5 Days * item 32: "Retained in service 3 days Convenience of the Government" REFERENCES: 1. Army Regulation 635-5 (Personnel Separations - Separation Forms), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. a. Appendix III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It shows that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. b. It also shows the "Remarks" section (item 32) will be used to complete entries too long for their respective blocks. When an enlisted person is retained in service beyond the expiration of his term of service as authorized in Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), enter, "Retained in service ___ days for the convenience of the Government." 2. Army Regulation 635-200 (General Provisions for Discharge and Release), in effect at the time of the applicant's separation from active duty, provided the authority for separation of enlisted Soldiers and factors governing the issuance of the DD Form 214. It shows that an individual en route as a casual to the United States from overseas will not under any circumstances be separated until he has arrived at his destination. Whenever an individual is held in service after the expiration of his period of service, he will be regarded as having been so retained for the convenience of the Government. DISCUSSION: 1. The applicant contends that item 32 of his DD Form 214 should be corrected to show he was retained in service for the convenience of the Government for 2 months and 3 days, instead of 3 days. 2. Records show the applicant was inducted into the AUS on 6 January 1960 with a 2-year active duty service obligation. a. In accordance with a Department of the Army message, dated 22 August 1961, his active duty term of service was involuntarily extended for a period of 2 months. This resulted in an expiration term of service (ETS) of 5 March 1962. b. The evidence of record shows this involuntary extension of active duty Soldiers was due to a national emergency (i.e., the needs of the Government in response to the Berlin Crisis that affected those Soldiers stationed in Berlin and Germany (U.S. Army Europe)). c. The evidence of record fails to show this involuntary extension of the applicant was for the convenience of the Government. d. The applicant was released from active duty with 2 years, 2 months, and 3 days of active service. e. The evidence of record shows the applicant was retained 3 days beyond his adjusted ETS for the convenience of the Government (i.e., while en route to the United States in a casual statis for administrative separation processing). f. The evidence of record supports the entry in item 32 of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004281 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004281 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2