IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170001224 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 IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170001224 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. There was an administrative error noted in the records of the individual concerned. The Army Review Board Agency, Case Management Division, should administratively correct the records of the individual concerned to show the entry "28 JAN 62" in Item 18e (Date of Entry) of his DD Form 214 ending 27 July 1962. ___________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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170001224 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 his record to show he completed his 6 year contractual obligation. 2. He states: a. He has been approved for a Department of Veterans Affairs (VA) home loan; however, there are no entries for his service from July 1966 to July 1967, to confirm his eligibility. He contends that he clearly completed his 6 year obligation as evidenced by his promotion to specialist five (SP5) on 4 January 1967. This promotion shows he was still serving in the USAR during the year in question. b. He is 72 years old, married, and disabled from a knee injury (not military related). They lost all his retirement, savings, and their home, as a result of the 2008 recession. Subsequently, he became ill and could not work for a long time. They were forced to file bankruptcy in November 2011 and have been retired since they lost their home. Over time, they rebuilt their credit, and are living on social security. He works part-time work as an attorney. They really want a place to call home. 3. He provides: * DA Form 20 (Enlisted Qualification Record) * DD Form 4 (Enlistment Record-Armed Forces of the United States) * XI Corps Form 4 (Format A-6 Year Enlistment), dated 30 July 1961 * DD Form 220 (Active Duty Report), dated 30 January 1962 * five DA Forms 1383 (Annual or Terminal Statement of Retirement Points), for the period 30 July 1961 through 29 July 1966 * Letter Order #D-6-103, dated 21 June 1967 * National Personnel Records Center (NPRC) Letter, dated 26 August 2016 * NPRC Letter, dated 10 November 2016 * VA (Atlanta Regional Loan Center) Letter, dated 19 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. The applicant enlisted in the USAR for a period of 6 years on 30 July 1961 in the rank of private (PVT). 3. He provides a DD Form 220, which shows he entered active duty for training (ACDUTRA) on 28 January 1962. 4. His DA Form 20 shows in: * Item 14 (Reserve Component Information), his service obligation expiration date as 29 July 1967 * Item 38 (Record of Assignment), he was honorably discharged on 30 June 1967 upon expiration term of service (ETS) 5. Letter Order #D-6-103, issued by Headquarters, XV U.S. Army Corps, Presidio of San Francisco, CA, dated 21 June 1967, honorably discharged the applicant from the USAR on 30 June 1967, in accordance with Army Regulation (AR) 135-178 (Reserve Components-Separation of Enlisted Personnel), paragraph 16 (completion of term of enlistment or period of obligation). 6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in: * Item 11d (Effective Date of Transfer or Discharge) – 27 July 1962 * Item 19a (Source of Entry) – Ordered to active duty for training (ACDUTRA) on 28 January 1967 * Item 24 (Statement of Service) – he completed 6 months of net service during the period 7. He provides: a. Several DA Forms 1383, none of which show he accumulated retirement points after 29 July 1966. b. Two NPRC letters responding to his request for records. Both letters indicate that separation documents were provided to the applicant. c. A VA letter, dated 19 September 2016, which shows the applicant was denied a Certificate of Eligibility for Loan Guaranty Benefits because his record of assignments did not reflect he drilled or trained from July of 1966 to July of 1967. The VA requested the applicant provide his retirement points statement or some other document to verify his service. REFERENCES: 1. AR 135-178, in effect at the time, states the effective date of discharge will be the date discharge action is actually accomplished, except when discharged by reason of completion of enlistment or completion of service obligation, in which case the effective date of discharge may be the last day of the month preceding the month in which service is completed. 2. Public Law 10s2-547, Veterans Home Loan Program Amendments of 1992, established a new category of veteran eligible for VA home loan benefits. Individuals who are not otherwise eligible and who have completed a total of at least 6 years of honorable service in the Selected Reserves are eligible for VA home loans. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. The instructions for completing the DD Form 214 specified: DISCUSSION: 1. Based on the available evidence the applicant served in the USAR from 30 July 1961 to 30 June 1967. He served on active duty for training for 6 months from 28 January 1962 to 27 July 1962. He was issued a DD Form 214 that captured his active service, albeit with an administrative error in the entry date. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. 2. The applicant's enlistment document and his discharge orders indicate the applicant fulfilled his 6-year service obligation. Regulatory guidance allows for individuals to be discharged up to 30 days prior, when being discharged based on completion of service obligation, which would explain why his separation date was not 31 July 1967. 3. The VA letter, provided by the applicant, requested confirmation of drilling or training during his last year in the USAR, 1966-1967 in order to confirm his eligibility. The available record does not show that he accumulated retirement points by participating in drills or training during his last year of service. 4. Item 19c of his DD Form 214 incorrectly lists his entry on "ACTDUTRA" as 28 January 1967. Item 7 on his DD Form 220, dated 30 January 1962, shows the date as 28 January 1962. This should be could corrected as an administrative action. The Board is not required to vote on this issue. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001224 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001224 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2