ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 16 April 2019 DOCKET NUMBER: AR20160018569 APPLICANT REQUESTS: in effect, the issuance of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) or correction of his DD Form 220 (Active Duty Report) to show he completed 180 days of active duty service in 1969. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Newspaper Article * Department of Veterans Affairs (VA) letter, dated 8 July 2016 * A letter to a U.S. Senator, dated 13 September 2016 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: a. when he accessed his service records in December 2015, he learned that the company clerks failed to process his activation order as a call up for individual assignment (exclusive of annual active duty for training (ANACDUTRA), not for training, nor applicable to military occupational specialty (MOS) function). b. distinct qualifications permitted him to perform a mission of relevance to Fort Devens, MA; a pilot program called "Project 21," which became central to military installations elsewhere. The initial program extended beyond 180 days, into the 1970's and extended his service. "Project 21" was renamed "Project Summertime" for the Department of Defense’s Domestic Action Program, operating in the 1970’s. c. Letter Order ET-04-895C, dated 23 April 1969, is not in the military archives, nor was it recognized as an individual assignment by company clerks. If processed correctly, he would have been regarded as having Veterans status. d. he requests correction of his record to fix this error and/or a reconstruction of the orders that called for his activation. 3. On 21 March 1966, he enlisted in the U.S. Army Reserve (USAR). 4. His DD Form 214 shows he was ordered to active duty for training (ADT) on 29 August 1966, and he was honorably released to the USAR on 21 February 1967. Item 22 (Statement of Service) shows: * item 22a(1) (Net Service This Period) – "0 5 23" * item 22a(2) (Other Service) – "0 5 8" * item 22a(3) (Total) – "0 11 1" * item 22b (Total Active Service) – "0 5 23" 5. His record contains a memorandum from Headquarters, 100th Supply and Service Battalion, Fort Devens, MA, subject: Application for ADT (active duty for training), dated 16 April 1969, which recommended approval for the applicant to be utilized in the 100th Supply and Service Battalion during the period of 12 May 1969 through 26 May 1969 for the development of Project 21. 6. Letter Order ET-04895C, issued by Headquarters, USAONE, Fort George G. Meade, MD, on 23 April 1969, were not filed in the applicant's military record. 7. His military record contains a DD Form 220 (Active Duty Report), which contains the following entries: * block 6 (Effective Date of Entry on Active Duty/ACUTRA) – 12 May 1969 * block 7 (Reporting Date) – 12 May 1969 * block 8 (Date Departed from Duty Station from Home) – 26 May 1969 * block 9 (Date Tour of Duty Terminated) – 26 May 1969 * block 10 (Authority) – "LTR ORDER: ET-04-895C, HQ USAONE Ft Geo G Meade, Md, DATED 23 Apr 69" 8. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) contains the following information: a. He served on ANACDUTRA for 15 days with the 327th Medical Company (Clearing), Fort Devens, MA, as a Senior Clinic Specialist, from 12 May 1969 to 26 May 1969. b. He served on ANACDUTRA for 15 days with the 513 Maintenance Battalion, Fort Devens, MA, as a Stock Control and Accounting Specialist, from 24 April 1970 to 8 May 1970. 9. Army Regulation 635-5 (Separation Documents), states, a DD Form 214 will be prepared for all personnel, including members of the USAR after completing 90 days or more of continuous on active duty for training, full-time training duty, or active duty support. 10. His military record is void of evidence that he was assigned to the 100th Supply and Service Battalion. 11. The only record of active duty service in the applicant's record is described in aforementioned periods of ADT or ANACDUTRA. 12. The applicant provides the following letters: a. A letter to his Congressman, which states, "My objective is to correct discrepancies and amend my DD 220/214. I seek eligibility for VA Benefits, particularly medical components that Medicare does not provide for. I have approached local and state veteran organizations for guidance on this matter. Dept. of Army channels need to be contacted on this discrepancy but nobody seems motivated to help, so I thought going to ‘the source’ at Ft. Devens, trusting that my DD 214/220 can be corrected and amended…my activated service in 1969 was overlooked. [I] served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released with other than a dishonorable discharge. I qualify, considering the assignment at Ft. Devens, in 1969. My ER enlistment was from March 1966 to discharge in 1972. Active duty was from August 1966 – February 1967. ‘Project 21’ was an activated assignment, not training. ANACDUTRA occurred separately. The DD 220 indicated release from active duty or ACDUTRA and reflects an error or discrepancies that need[s] to be fixed." b. A newspaper article that states, in part, Senator Edward Brooke "visited here while touring Project Summertime sites in Massachusetts. The project is a joint program of the Defense Dept. In cooperation with the North East Regional Council for Youth Development. Under the program, military installations have been used as summer recreational and instructional camps for under privileged children. A pilot program was conducted in Massachusetts this summer, and Brooke said it is hoped that it will become a national program in 1971." The applicant wrote on this copy that the original working title was "Project 21" in 1969. c. A letter from the VA, which states, "Unfortunately, we have been unable to process the application because we have not been able to locate your supporting military information through our electronic information systems. If you are unable to locate your Report of Separation form you may obtain a copy by submitting a written request to the National Personal Records Center (NPRC)…" BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions were carefully considered. He received a DD Form 214 for a period of active duty spanning 5 months and 23 days. The applicant contends he completed more active duty service after that ending period of service in which his record would show he completed over 6 months of active duty service. Regulatory guidance does not provide for the updating of the DD Form 214 for service completed after the ending period covered by the DD Form 214. His DD Form 220 shows he completed 15 days of Active duty service from 12 May – 26 May 1969. The DD Form 220 is not a document used to reflect net Active duty service credit. Reserve Component members should have their service dates with a culminating total of active duty service credit shown a DA Form 5016 (Chronological Statement of Retirement Points). He should apply to U.S. Army Human Resources Command to address concerns with obtaining a DA Form 5016, and concerns with Active duty a USAR service credit. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION ? 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): Not Applicable 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), states a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. Personnel included are members of the Army National Guard and USAR who are separated after completing 90 days or more of continuous on active duty for training (ADT), full-time training duty (FTTD), or active duty support. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160018569 2 1