BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160016847 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160016847 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 making the following corrections to the applicant's DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) for the period ending on 25 October 1968: * deleting the current entry in item 17c (Date of Entry) and replacing it with the entry “1 Nov 65” * deleting the current entry in item 22a(1) (Net Service this Period) and replacing it with the entry “2 [years], 11 [months], 25 [days]” * deleting the current entry in item 11a(2) (Other Service) and adding the entry “0 [years], 0 [months], 6 [days] * deleting the current entry in item 22b (Total Active Service) and replacing him with the entry “3 [years], 0 [months], 6 [days] 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 changing the prefix of his Army Service Number on either of his DD Forms 214. _____________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: 20 June 2018 DOCKET NUMBER: AR20160016847 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 service number to show he was a member of the Regular Army (RA) instead of the Army of the United States (AUS). 2. The applicant states he was inducted on 26 October 1965 and given the Army Service Number (ASN) US 54 xxx xxx. He was discharged on 31 October 1965 with an immediate enlistment in the RA on 31 October 1965, serving for 3 years. 3. The applicant provides copies of – * Selective Service System (SSS) Form Number 223 (Order to Report for Armed Forces Physical Examination), dated 25 August 1965 * two DD Forms 214 for the periods ending on 31 October 1965 and 25 October 1968 * Honorable Discharge Certificate, dated 31 October 1965 * letter, Department of Veterans Affairs (VA), dated 21 September 2016 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. On 26 October 1965, the applicant was inducted into the AUS. He was issued a service number beginning with US indicating that he was inducted into the Army of the United States. 3. On 31 October 1965, he was discharged from the AUS to enlist in the RA. His DD Form 214 shows his Army Service Number (ASN) with the prefix "US" and his total service this period as 6 days. 4. The applicant enlisted in the RA on 1 November 1965. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he has 6 days of prior service in the AUS. This form also shows he was issued a new SN with the prefix “RA.” 5. On 25 October 1968, the applicant was released from active duty with transfer to the US Army Reserve Control Group (Reinforcement). His 25 October 1968 DD Form 214 shows contains the following entries: * Service Number with the prefix of "RA" * Effective date (of release) – 25 October 1968 * Date of entry – 26 October 1968 * Net service this period – 3 years * Other service – 4 days 7. On 21 September 2016, the VA notified the applicant that the DD Forms 214 he provided show unequal service dates with an entry date of 26 October 1968 and an ending date of 25 October 1968. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It provides the following: a. item 2 (Service Number) – the entry includes the component designation and ASN [US for draftees, RA for enlistees]; b. item 11d (Effective Date) is the date a Soldier is discharged or released from active duty; c. item 16 (Date Inducted) is the date a draftee entered active duty; d. item 18c (Date of Entry) is the date an RA Soldier entered active duty for this period. Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued; e. item 24a(1) (Net Service This Period) is the difference between the item 16 or item 18c and item 11d; f. item 24a(2) (Prior Service) is the total of all prior active service; 2. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. This practice was stopped effective 1 October 1979. DISCUSSION: 1. The applicant was inducted into the AUS on 26 October 1965, issued the ASN with the prefix of US. He served on active duty for 6 days before being discharged on 31 October 1965 to enlist in the RA. 2. The applicant's first DD Form 214 correctly reflects his component as US and his period of active duty as 6 days. 3. The applicant enlisted in the RA on 1 November 1965 and was released from active duty on 25 October 1968 with his ASN entry showing his component as RA. 4. The applicant's 25 October 1968 DD Form 214 incorrectly shows his date of entry as 26 October 1968 [the day after his release from active duty] and his net service this period as 3 years with 4 days of prior service. 5. In accordance with regulations in effect at the time, the applicant received two DD Forms 214, one for his service as an inductee [draftee] and one for his RA service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016847 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016847 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2