ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  20 December 2019

	DOCKET NUMBER:  AR20170008426


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces Enlistment or 
Separation Report of Transfer) to reflect 6 years of service.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Honorable Discharge Certificate (modified)
*	DD Forms 220 (Active Duty Report (ADR)
*	Partial sheet of a DA Form 20 (Personnel Qualification Record)
*	Certification of Military Service
*	Burned copy of a DD Form 214

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 (ABCMR) 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 his DD Form 214 shows he served only 5 years and 5 months; 
however, he actually served 6 years from March 1957 to March 1963.  He entered in the 
U.S. Army Reserve (USAR) on or about 15 March 1957 and this is when he started 
attending his USAR training.  He went on active duty 9 June 1957 and was in college 
until June 1957. 

3.  The applicant provides a copy of an Honorable Discharge Certificate.  The document 
shows his effective date in the USAR as 9 June 1957, with an obligation date to 
19 March 1963.  It also shows he had 6 months of active duty for training, which started 
on 9 June 1957 and ending on 8 December 1957.  He was released back to the USAR 
in Texas to complete the remaining time of his service obligation 

4.  A review of the applicant’s service record shows:

	a.  The applicant’s military service record is not available to the Board for review.  A 
fire destroyed approximately 18 million service members’ records at the National 
Personnel Records Center in 1973 and his records were potentially affected by the fire.  
His case is being considered using the evidence he provided.

	b.  The applicant provides partial copies of his ADR’s, a DD Form 214, and one page 
of his PQR.  His DD Form 20 shows he enlisted in the USAR on 19 March 1957.

	c.  Copies of three partially burned DD Forms 220 (ADRs) that show in the first copy 
in:

*	Block 7: his date of entry upon tour of duty as 7 June, but the year is not 
visible 
*	Block 8: his date reported for tour of duty as 7 June, but the year is not visible 
*	Block 9: the date he departed from duty station for home as 21 June 1958
*	Block 10: the date his tour of duty was terminated 21 June 1958  

Second Copy:

*	Block 7: his date of entry upon tour of duty as 6 June, but the year is not 
visible 
*	Block 8: his date reported for tour of duty as 6 June, but the year is not visible 
*	Block 9: the date he departed from duty station for home as 20 June, but year 
not visible
*	Block 10: the date his tour of duty was terminated 20 June,1959  

Third Copy:

*	Block 7: his date of entry upon tour of duty as 4 June, but the year is not 
visible 
*	Block 8: his date reported for tour of duty as 4 June, but the year is not visible 
*	Block 9: the date he departed from duty station for home as 18 June, but 
1960
*	Block 10: the date his tour of duty was terminated 18 June1960  


	d.  On 12 June 1957, he attended active duty training (ADT) for basic combat 
training at Fort Chaffee, AR. 

	e.  On 8 December 1957, he was honorably transferred back to the USAR from 
ADT.

	f.  On 2 June 1962, the applicant attended ADT at Fort Polk, LA.

	g.  He returned from ADT and transferred back to the USAR on 16 June 1962.

	h.  His partially burned DD Form 214 shows his terminal date for his Reserve 
obligation as 19 March 1963.  It also shows he was ordered to 6 months of active duty 
as a Private E-1. 

5.  Army Regulation 635-5 (Personnel Separations) paragraph (12) (Record of Service) 
states that the “active service this period” is computed by subtracting item 12a and 12b.  
The “total prior active service” is drafted from previously issued DD 214’s (if any).  The 
“total prior inactive service” is reflective of any prior inactive service

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions, military record, and 
regulatory guidance was carefully considered.  Based upon a preponderance of the 
evidence, the Board found insufficient evidence to grant relief.  There was no evidence 
of error or injustice in this case.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	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 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 15-185 (Army Board for Correction of Military Records) (ABCMR) 
prescribes the policies and procedures for correction of military records by the Secretary 
of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity.  The ABCMR is not an investigative body and decides cases 
based on the evidence that is presented in the military records provided and the 
independent evidence submitted with the application.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.  

3.  Army Regulation 635-5 (Personnel Separations) paragraph (12) (Record of Service) 
states that the “active service this period” is computed by subtracting item 12a. and 12b.  
The “total prior active service” is drafted from previously issued DD 214’s (if any).  The 
“total prior inactive service” is reflective of any prior inactive service. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170008426

4

1