ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 February 2019 DOCKET NUMBER: AR20160014508 APPLICANT REQUESTS: * verification of duty with the Army Reserve * request Internal Revenue Service (IRS) records for the duty time period * request records from the Social Security Administration for the duty time period * a personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * online application * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * order for annual training * VA Form 29-8286 (Servicemen's Group Life Insurance (SGLI) Election) * Congressional inquiry to Defense Finance and Accounting Service (DFAS) 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: * he has spent the last 3 years pursing this claim with various military and government organizations * he inquired to Defense Finance and Accounting Service (DFAS) who advise the offices in Indianapolis and Dayton are unable to locate pay records for the requested period * he served in the Army on active duty form 16 July 1969 through 8 July 1971 * he received an honorable discharge * he was placed in the active Army Reserve * he was ordered to report to Camp Pickett, Blackstone, Virginia on 29 July 1972 he was assigned to 123rd Army, 2nd Battalion of the Kentucky National Guard * if he had not complied with the orders, he would have been subject to legal consequences of which there would be record, the absence of such records indicates he complied with the orders * he provides and SGLI form which was completed in Camp Pickett on 29 July 1972 * he has attempted to obtain a leaved and earnings statement for this period of reserve duty for over 3 years * he has contacted DFAS, National Personnel Records Center, Kentucky National Guard, Congressman X X 's office, and his employers Human Capital Office * he was activated with the Army Reserves but worked for the Kentucky Army National Guard * he was used to fill in their company's personnel roster to ensure they had adequate tank crew members to conduct their annual training * his pay records are not with the National Guard * he was told by DFAS they believed he served during this time but the Army Reserve did not record his pay records * he has provided forms showing he was at Camp Pickett and he knows he was there so he expects to receive credit for the time served 3. In emails exchanged with the Case Management Division (CMD) of the Army Review Board Agency, the applicant states, in part: * he received the letter from CMD requesting documentation * the documents cannot be located by multiple government agencies * he provided supporting documentation with his application * those will indicate he has been pursuing this action for more than 3 years * he is requesting a hearing before the Army Review Board * he is requesting assistance in obtaining earnings records from the IRS and Social Security Administration to substantiate his claim 4. The applicant was inducted into the regular Army on 16 July 1969. He was honorably released from active duty on 8 July 1971 and was transferred to the US Army Reserve Control Group (Annual Training). His military obligation termination date was 15 July 1975. 5. The applicant received orders dated 21 June 1972 calling him to annual training with a report date of 29 July 1972 for a period of 13 days. He was to report to Camp Pickett, Blackstone, Virginia. The applicant's records contain and the applicant provided a copy of an SGLI form, dated 29 July 1972, which indicates his duty location at the time of signing as Camp Pickett, Blackstone Virginia. 6. The applicant provides a Congressional Inquiry for assistance obtaining DFAS records. The Deputy Director, Operations of DFAS responded to the inquiry stating DFAS was unable to locate pay records for the requested period. 7. In the processing of this application an advisory opinion was obtained from the Branch Chief, Human Resources Service Center. The advisory official states, in part: * numerous computer searches were conducted based on the applicant's request with negative results * an extensive search to locate the applicant's pay records has been unsuccessful * because we were not able to locate sufficient evidence to support the applicant's claim, administrative relief is not warranted 8. A copy of the advisory opinion was sent to the applicant for his review and rebuttal. The applicant reiterated his request for a personal hearing and that the ABCMR contact the IRS and Social Security Administration to determine the source of his income during 1972. 9. The applicant's request for the ABCMR to contact the IRS and Social Security Administration are not military records and therefore not within the Board's purview. In accordance with Army Regulation 15-185 (Army Board for Correction of Military Records), the ABCMR is not an investigative agency. Cases are decided based on the evidence that is in the military records and the evidence submitted by the applicant. 10. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board agreed the applicant should contact U.S. Army Human Resources Command to obtain a DD 5106 showing his retirement points. The other requests were annotated appropriately. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant :X :X :X Deny 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. 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). 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. 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. b. Paragraph 2-11 contains guidance on ABCMR hearings and it states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. 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. ABCMR Record of Proceedings (cont) AR20160014508 5