ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 November 2019

	DOCKET NUMBER:  AR20170006346


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 14 September 1967 to 
show the following entries:

*	his active duty periods of service during the New York Postal strike
*	his award of Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	his rank as Specialist (SPC/E-4)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 
20 February 2017
*	DD Form 149, dated 25 June 2017
*	DD Form 214, dated 14 September 1967
*	National Guard Bureau (NGB) Form 55a (Honorable Discharge from the 
Federally Recognized Army National Guard (ARNG))
*	personal letter, undated

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, his DD Form 214 does not show an entry for his 
active duty service after being activated for military duty during the New York Postal 
strike in the late 1960s.  He contends his rank is not accurately reflected and should be 
a matter of his record.  His unit was disbanded and he does not know who has the 
records to ensure the Armed Forces recognizes his period of active duty during the 
activation.  

3.  On 10 October 1965, the applicant enlisted in the Army National Guard of the state 
of New York (NYARNG) for a period of 6 years. 

4.  On 17 April 1967, the applicant was ordered to active duty training (ACDUTRA) for a 
period of 6 months in accordance with Special Orders (SO) 73, Division of Military and 
Naval Affairs, State of New York.

5.  On 8 May 1967, the applicant entered active duty for Basic Combat Training.  He 
was released from active duty on 14 September 1967 and returned to the NYARNG to 
complete his remaining service obligation of 4 years and 1 month.  He completed 4 
months and 7 days of active service that was characterized as honorable.  His DD Form 
214 shows:

*	item 5a (Grade, Rate or Rank) shows his rank as private (PVT (Permanent (P)) 
*	item 5b (Pay Grade) shows the entry E-2
*	item  5c (Date of Rank) shows the entry 8 May 1967
*	item 22a (2) shows the entry 1 year, 6 months, 28 days
*	item 24 Decorations Medals, Badges, Commendations, Citations and Campaign 
Ribbons Awarded or Authorized) shows and entry for award of the Expert 
Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  On 17 February 1969, the applicant was promoted to the rank of SPC/E-4 (P) under 
the provisions of Unit Order Number 4, 149th Transportation Company – NYARNG.

7.  On 24 March 1970, the applicant was ordered to involuntary active duty military 
service with his assigned unit the 149th Transportation Company (MT) – NYARNG for 
an indefinite period of service.  He was released from active duty on 30 March 1970, a 
period of 7 days, and he continued his military service with his NYARNG assigned unit 
until his discharge, on 9 October 1970.   

8.  The applicant provides the following:

a.	A NGB Form 55a which shows he was assigned to 149th Transportation 
Company, his rank as Specialist Four and his discharge date as 9 October 1970.

b.	A statement which shows, in effect, he believes his DD Form 214 is incorrect and
contends it does not reflect his period of service during his NYARNG unit activation. 

9.  National Guard Regulation 600-200 (Enlisted Personnel Management) states 
normally an honorable characterization is issued to Soldiers upon ETS or fulfillment of 
military service obligation.  An honorable characterization is issued on a NGB Form 55a 
issued to Soldiers separated from the ARNG and concurrently transferred to the control 
of the Army Reserve with honor.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes 
the separation documents that must be prepared for soldiers.  It states, in pertinent part, 
that the DD Form 214 is a summary of a Soldier’s most recent period of continuous 
active duty.  It provides a brief, clear-cut record of active duty service at the time of 
release from active duty, retirement, or discharge.   

a.	Item 5a (Grade, Rate or Rank) enter grade in which serving at time of separation, 
Indicating whether permanent or temporary.

b.	Item 22a (1) (Net Service This Period) for enlisted personnel enter total service 
completed between the dates shown in items 10c or 17c and 11d of the DD Form 214, 
as represented by continual and foreign service, less time lost under title 10, United 
States Code, section 972, and time lost subsequent to normal expiration of term of 
service.

c.	Item 22b (Total Active Service) enter total active service the individual has 
completed beginning with the earliest period of active service up to and including 
current period of active duty, less any period served in the Army National Guard of the 
United States or United States Army Reserve not on active duty, and less time lost 
under title 10, United States Code, section 972.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

2.  The applicant’s DA Form 20 shows that he was advanced to the rank of PVT (E-2) 
on 7 May 1967 prior to his release from active duty on 14 September 1967.  
Accordingly, his DD Form 214 for the period of service ending 14 September 1967 
correctly shows his rank as E-2 at the time of release from active duty.  The applicant 
was not advanced to the rank of SP4 until 17 February 1969 which was after the period 
of active duty for which the DD Form 214 was issued.

3.  The period of active duty to which he applicant was orders, 4 March 1970 to 
30 March 1970 with the 149th Transportation Company, was after the end date of the 
DD Form 214, 14 September 1967.  By regulations, subsequent periods of service are 
not added to prior DD Form 214.  By regulations, DD Form 214 for only provided for 
Army National Guard Members who serve 90 or more continuous active duty.

4.  Award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) is 
already shown on his DD Form 214 in box 24 as “Expert Rifle M-14” which is the 
authorized entry for Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14).
?
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.


?
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), in effect at the time, prescribes the 
separation documents that must be prepared for soldiers.  It states, in pertinent part, 
that the DD Form 214 is a summary of a Soldier’s most recent period of continuous 
active duty.  It provides a brief, clear-cut record of active duty service at the time of 
release from active duty, retirement, or discharge.   

d.	Item 5a (Grade, Rate or Rank) enter grade in which serving at time of separation, 
Indicating whether permanent or temporary.

e.	Item 22a (1) (Net Service This Period) for enlisted personnel enter total service 
completed between the dates shown in items 10c or 17c and 11d of the DD Form 214, 
as represented by continual and foreign service, less time lost under title 10, United 
States Code, section 972, and time lost subsequent to normal expiration of term of 
service.

f.	Item 22b (Total Active Service) enter total active service the individual has 
completed beginning with the earliest period of active service up to and including 
current period of active duty, less any period served in the Army National Guard of the 
United States or United States Army Reserve not on active duty, and less time lost 
under title 10, United States Code, section 972.

3.  National Guard Regulation 600-200 (Enlisted Personnel Management) prescribes 
the criteria, policies, processes, procedures and responsibilities to classify; assign; 
utilize; transfer within and between states; provides Special Duty Assignment Pay; 
separate, and appoint to and from Command Sergeant Major, Army National Guard 
(ARNG) and Army National Guard of the United States (ARNGUS) enlisted Soldiers. 
The regulations states: 

a.	Soldiers who receive an honorable or general discharge will be furnished a 
separation certificate.

b.	Normally an honorable characterization is issued to Soldiers upon ETS or 
fulfillment of military service obligation.  An honorable characterization is issued on NGB 
Form 55a issued to Soldiers separated from the ARNG and concurrently transferred to 
the control of the Army Reserve with honor.

c.	Entries on the discharge certificates will be as follows:
(1)	On the line provided under the words “This is to certify that,” enter the 
Soldier’s name in signature order, followed by the last four digits of the social security 
number, grade, and USAR.  When discharge certificate is prepared by automated 
systems, the Soldier’s name may be entered in last name, first name, and middle initial
sequence.

(2)	Enter effective date of separation in space provided. This date must agree 
with the effective date of separation shown in the order.

d.	Prepare NGB Form 22 (Report of Separation and Record of Service) for every 
Soldier being separated from the ARNG or released from the custody and control of the 
military, unless the Soldier is being discharged for the purpose of immediate 
reenlistment, executes an interstate transfer, or the Soldier dies.

ABCMR Record of Proceedings (cont)	 AR20170006346
	
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