IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170001686 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: AR20170001686 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. ___________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: AR20170001686 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 a full review of his personnel record to include his DD Form 214 (Report of Separation from Active Duty). He further requests, correction of his DD Form 214 to show: * any other awards he is authorized * the correct length of time he spent on active duty * he was released from active duty on 14 September 1979 instead of 6 September 1979 2. The applicant states that this is his second request for correction. He contends that his initial request was submitted in 1992 but he never received help. As a veteran, he was insulted because he expected the utmost professionalism. He served proudly in the U.S. Army Reserve (USAR) and he finds it a travesty that the National Personnel Records Center (NPRC) has no record of it. As he grows older, it is only a matter of time before he will need to utilize his benefits and seek care from the Department of Veterans Affairs (VA); it is well known that it is a lengthy process. 3. The applicant provides: * Standard Form 1169c (U.S. Government Travel Request), issued on 30 August 1979 with corresponding FS Form 468-R (Travelope) * Identification Check, Bus Ticket Number 045879, issued 6 September 1979 * DD Form 214, ending 6 September 1979 * DA Form 2139-1 (Military Pay Voucher), paid 7 September 1979 * Armed Forces of the United States, Identification Card, issued 22 June 1982 * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 7 July 1992 * Optional Form (OF) 41 (Routing and Transmittal Slip), dated 14 August 1992 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's service record is not available for review. All documents were provided by the applicant. 3. His DD Form 214 shows that while serving in the Texas Army National Guard (TXARNG), the applicant entered active duty for training (ADT) on 11 June 1979. 4. On 30 August 1979, the applicant was issued a Government Transportation Request, with corresponding Travelope (itinerary). These documents show the applicant was scheduled to depart Lawton, OK by bus at 1950 hours on 6 September 1979 and arrive at San Antonio, TX, at 0610 hours on 7 September 1979. 5. He was honorably released from active duty on 6 September 1979 to the control of his state ARNG. His DD Form 214 shows in: * Item 9d (Effective Date) - 6 September 1979 * Item 18 (Date Entered Active Duty this Period) -11 June 1979 * Item 18a (Net Active Service This Period) - 2 months and 26 days * Item 18b (Prior Active Service) - none * Item 18c (Total Active Service) - 2 months and 26 days * Item 18d (prior Inactive Service - 1 month and 16 days * Item 18e (Total Service for Pay) - 4 months and 12 days * Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - does not list any personal or unit awards 6. His final-separation military pay voucher covers the period 1 – 6 September 1979. It shows in: * Item 11 (Remarks): * he was released from active duty and returned to the TXARNG on 6 September 1979 * his completed total service was 4 months, and 12 days * there was no entry for the number of authorized travel days * his mode of transportation was listed as privately owned vehicle * he had been issued 8 TR's (travel request) after 1 September 1976 * Item 17 (Entitlements) he accrued 8 days of leave for which he was paid $111.54 * Item 44 (Amount Paid) he was paid $177.00. This amount includes his 8 days of accrued leave. 7. The applicant also provides: * a copy of his military identification card * Retained Records Routing Slip, dated 14 August 1992, which informed him that his request had been forwarded to the Inspector General's Office * DD Form 149, wherein he requested that his DD Form 214 be corrected to show he completed 3 months and 4 days of active duty service in order to qualify for a home loan REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. It states to enter in Item 9d, the effective date of discharged from active duty and to enter in Items 18a-e, all service less time lost. 2. AR 135-200 (Reserve Components-Active Duty for Training of Individual Members), in effect at the time, states the relief from duty date will be determined the installation commander at the last duty station based on allowable travel time to return home. For ADT in excess of 30 days but less than 90 days, the travel time allowable for return to place from which ordered to ADT will be based on the earliest schedules for mode of transportation authorized without regard to the actual performance of travel. DISCUSSION: 1. The applicant contends that he was authorized 8 travel days to return to his unit in TX and that his separation date should be adjusted accordingly to show the correct length of his active duty service. He also requests that any awards that he is authorized be added to his DD Form 214. 2. His DD Form 214 shows he completed 2 months and 26 days of active duty for the period 11 June to 6 September 1979. There is no other record of additional active duty service. 3. His pay voucher confirms he was released from active duty on 6 September 1979 and this is reflected on his DD Form 214. A further review of his pay voucher shows the applicant was paid for 8 days of accrued leave and had received a total of 8 transportation requests since 1 September 1976. 4. It appears the applicant may have mistaken these entries to be authorized travel days. Regulatory guidance, in effect at the time, stated that the release from active duty date is determined by the installation commander based on allowable travel time. In the applicant's case, his allowable travel time was based on the earliest schedules for his authorized mode of transportation without regard to the actual performance of travel. It is presumed the installation commander determined the applicant's release from active duty date was 6 September 1979. 5. The applicant's period of service does not meet the criteria for additional awards. 6. The ABCMR does not grant relief solely for the purpose of making a veteran eligible for benefits. Each case is decided upon the merit of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001686 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001686 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2