ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20170002904 APPLICANT REQUESTS: correction of her deceased husband's, a former service member (FSM), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a separation date of 28 October 1970, to delete item 17a (Source of Entry). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1695 (Oath of Extension of Enlistment), dated 27 May 1970 * newspaper articles (2) * passport * wedding picture * certificate of death, dated 21 December 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, in effect, the FSM was not on active duty training (ACDUTRA) for 1 year, 8 months, and 13 days from the period 7 January 1969 to 28 October 1970. She contends the FSM was assigned to active duty in Garmisch, Germany and his family accompanied him during the approximate period July or August 1969. She contends the FSM was assigned to Medical Detachment, 225th, 5th Hospital. 3. On 27 April 1963, the applicant enlisted into the United States Army Reserve (USAR) for a period of 6 years. Letter Order Number 6-1288, XI United States Army Corps, dated 10 June 1963, shows the FSM was ordered to enter a period of active duty for ACDUTRA with a report date of 24 June 1963. The FSM's DD Form 214 for active duty from 25 June 1963 to 20 December 1963 shows he was released to USAR. 4. Letter Orders ALFAG-ZE A-112596, Headquarters, Fifth United States Army, dated 20 November 1968, shows Letter Orders Number A-11-2033 was amended to read reporting date 7 January 1969 and effective date of change of strength accountability (EDCSA) 5 January 1969. The FSM's orders, dated 6 November 1968, show: * Period – 1 year, 5 months, and 20 days * Permanent change of station – Movement designator code 1AE 5. On 17 February 1969, the FSM was assigned to Medical Detachment, 225th Station Hospital, United States Army Europe to 22 October 1970. 6. On 28 October 1970, the FSM was released from active duty for an early separation. The FSM's DD Form 214 shows: * item 17a (Source of Entry) – "ORDERED TO ACDUTRA FR USAR" * item 22c (Foreign and/or Sea Service) – USAREUR – 1 years, 8 months, and 13 days * item 30 (Remarks) – * "ITEM 11A DISCHARGE AS A RESERVIST OF THE ARMY" * "VOL EXT 1 YR 5 MOS 28 DAYS DTD 27MAY70" 7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, for item 17a ACDUTRA personnel "other" and enter "Ordered to ACDUTRA." BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the Soldier’s record of service, orders involuntarily ordering him to active duty, his service in USAREUR and the corresponding entries on his DD Form 214 received upon separation. Based on a preponderance of evidence, the Board determined an error occurred on the Soldier’s DD Form 214. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 amending his DD Form 214 for the period of service ending 28 October 1970 to show in item 17: “X OTHER” and “Ordered from USAR”. 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), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, to check the appropriate space to indicate means of entry on current active service. If the enlisted person was ordered or called to active duty from Reserve component, check "other" and enter "Ordered from Army National Guard of the United States (ARNG) or USAR" or "Called from ARNG," as appropriate. Enter also any voluntary extensions. Information regarding extensions will include period and date of voluntary extensions. If additional space is required, continue in item 30 (Remarks): e.g., "Vol Ext 1yr 12 Aug 54." For ACDUTRA personnel "other" and enter "Ordered to ACDUTRA." 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record. It is not an investigative body. ABCMR Record of Proceedings (cont) AR20170002904 2 1