ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:        3 April 2019 

	DOCKET NUMBER:  AR20160014124


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: 

* his entry date as January 1960 vice March 1960
* rank/grade as private first class (PFC)/E-3 vice private (PVT)/E-2
* he was held over at Fort Dix, NJ  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Military Training Certificate (Reserve Officers' Training Corps (ROTC))
* Honorable Discharge Certificate 
* Veterans Administration (VA) Certificate of Eligibility 
* U.S. Army Reserve (USAR) discharge orders 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

* his entry was in January 1960 at Fort Dix, NJ
* his rank was E-3 due to 3 years of RO
* his rank at the time of discharge was E-3
* he was held over as a cadre at Fort Dix
* there is no indication of her time at Fort Dix
* the VA is not accepting his Certificate of Eligibility for some reason 

3.  The applicant provides: 

* ROTC Military Training Certificate, dated 30 may 1959, that show she successfully completed 3 years in the military schools division of ROTC on33  20 May 1959, and was qualified to enlist in the Enlisted Reserve Corps (now4  called USAR) in the grade of PFC 
* Honorable Discharge Certificate, dated 31 January 1966, listing his grade as PFC
* USAR discharge orders (faded).
* VA Certificate of Eligibility 

4.  Review of the applicant's service records shows: 

	a.  He enlisted in the USAR for 6 years on 28 January 1960.  His DD Form 4 (Enlistment record) shows his enlistment grade as PFC.

	b.  He entered active duty for training (ACDUTRA) at Fort Dix, NJ, on 26 March 1960.  He completed basic combat training.  

	c.  He also completed advanced individual training at Fort Leonard Wood, MO on or about 5 August 1960.  He was awarded military occupational specialty 120.00 (Pioneer).  

	d.  He was honorably released from ACDUTRA to the control of his Reserve unit on 25 September 1960.  His DD Form 214 shows he completed 6 months of active duty and he had 1 month and 28 days of other service (inactive service). It also shows in:

* Item 3a (Grade, Rate or Rank) - PVT/E-2 (P (Permanent))
* Item 3b (Date of Rank) - 28 May 1960
* item 18c (Date of Entry) - 26 March 1960 

	e.  Following his release from active duty, he transferred between several units in NY and NJ.  

	f.  He was honorably discharged from the USAR on 31 January 1966, upon completion of his 6-year service obligations.  

5.  Army Regulation 635-5 (separation Documents) provided for the preparation and distribution of the DD Form 214.  By regulation:

* item 3a, enter the grade in which serving at the time of separation, indicating whether permanent or temporary 
* item 3b, enter the date of rank for the grade shown in item 3a
* item 19c, for ACDUTRA personnel, enter the date of entry on ACDUTRA 
* item 32, enter mandatory entries or entries that are too long for their respective blocks
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that partial relief was warranted.  Based upon the information found on the DA Form 24 within the military service record of the applicant, the Board recommended changing the rank and date of rank of the applicant on his DD Form 214.
However, the Board found insufficient evidence to change his entry date or to annotate that he was held over at Fort Dix, NJ on his DD Form 214; therefore, the Board recommended denying those portions of the applicant’s request for relief. 
BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:x	:x	:x	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, ending on 25 September 1960, as follows: 

* item 3a, delete "PVT E-2 (P)" and add "PFC E-3'
* item 3b, delete "28 May 1960" and add "28 January 1960" 

2.  The Board further determined 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 correction of his DD Form 214 to show: 

* his entry date as January 1960 vice March 1960
* he was held over at Fort Dix, NJ  


	 
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.




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (separation Documents), in effect at the time, provided for the preparation and distribution of the DD Form 214.  The DD Form 214 provides the individual with documentary evidence of his military service.  A DD Form 214 is issued to members of the Reserve components serving an initial period of 3 or 6 months ACDUTRA under the provisions of selected Reserve regulations.  The regulation stated: 

* For item 3a, enter the grade in which serving at the time of separation, indicating whether permanent or temporary 
* For item 3b, (for enlisted personnel), enter the date of rank for the grade shown in item 3a.
* For item 19c, enter the date the enlisted person entered on active duty.  For ACDUTRA personnel, enter the date of entry on ACDUTRA. 
* For item 32 (Remarks), enter mandatory entries or entries that are too long for their respective blocks

ABCMR Record of Proceedings (cont)	 AR20160014124


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