ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 26 February 2019 DOCKET NUMBER: AR20170010430 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his remaining service obligation as 5 years and 10 months as opposed to 5 years and 4 months. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter, 24 April 2017 * DD Form 214 * request for VA certificate of eligibility * self-authored letter, 19 June 2017 * enlistment record * discharge certificate * self-authored letter, 19 July 2018 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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, in part: * the time shown on his DD Form 214 for him to complete his reserve obligation is listed as 5 years and 4 months * he is asking that it be corrected to 5 years and 10 months * his entry date was 27 March 1962 until discharge date of 23 May 1962, approximately 2 months of service * the Army clerk shows he needs to complete 5 years and 4 months of reserve duty to complete his military obligation * the time should read 5 years and 10 months which means the date of Army termination should have been February 1968 and not August 1967 * he did not find this error until he attempted to obtain his VA loan certificate 57 years later and he was denied because he did not complete his service obligation * he feels he should not be responsible for the Army clerk's mistake 3. In a self-authored letter dated 24 April 2017, the applicant states, in part: * he served his country even though it was as a reservist * he feels he should not be punished for a mistake made by an Army clerk and his superior who failed to double check the clerk's work * he is requesting his records reflect that he fulfilled his reserve obligation which would entitle him to a VA housing certificate * over the years, he has not had the need for veteran programs because he was able to provide for himself and his family * he never paid attention to the dates on the various forms other than to frame and hang his Honorable discharge notice on his office wall * it was not until he was advised by the VA that he had not fulfilled his reserve obligation that he noticed the discrepancy in dates on his DD Form 214 * at this late stage in his life when he is trying to exist as a retired senior the VA certificate would enable him to pay off a high interest mortgage loan and repair his house 4. In a self-authored letter dated 19 June 2017, the applicant states, in part: * this is his second request for a VA Certificate * not hearing from the Board is a concern of his thus the second letter to see if further information is needed from him * he located his enlistment contract and provided it for the Board's review * he also included his discharge certificate and expiration of term of service documentation * his home is in need of repairs and a new roof * a VA certificate would enable him to refinance his home loan and accomplish the repairs needed and eliminate his debt * he will be 79 years old in a matter of several weeks and would like the opportunity to enjoy the benefits of the VA Certificate before he dies 5. In a self-authored letter dated 19 July 2018, the applicant states, in part: * it's him again and he is still alive * the associates at ABCMR probably thought at his age of 80 and in poor health that he would be dead by now and would not have to deal with his case * his case is now 15 months old * he is still hanging in there and keeps looking at his mail box for the letter from the Board correcting the mistake some clerk made on his records more than 55 years ago * he understands the most recent letter sent to him from ABCMR regarding the delays and they are acceptable * with his case, though, he is not talking about just a couple of months late * he has been waiting since April 2017 which is 15 months * he hopes it is his time to be taken care of * he is not asking for medical assistance, disability, or life insurance * he just needs documentation from the Board that will allow him to qualify for time served so he can get his VA certificate 6. The applicant joined the United States Army Reserve (USAR) on 15 August 1961. He incurred a 6 year obligation, according to his enlistment contract. The applicant requested a status of his military obligation from The Office of the Adjutant General. They determined the termination of his service obligation was 14 August 1967. 7. The applicant signed an "understanding of service requirements" which states: * he will be a member of the Ready Reserve during his entire period of enlistment * he must enter 6 months of active duty for training within 120 days from 15 August 1961 unless he is pursuing a course in high school * during the period of his enlistment, before and after active duty for training, he is required to participate in as many as 48 schedule drills * he is required to perform not more than 17 days active duty for training each year * he understands if he fails to perform training satisfactorily during any year he may be ordered to perform additional active duty for training * if he fails to perform training satisfactorily in his final year of enlistment he shall be extended for such time 8. The applicant participated in scheduled drills from 15 August 1961 until he went to his active duty for training on 27 March 1962. The total service for this period was 7 months and 12 days. His DD Form 214 block 24a(2) lists this time period as 6 months and 12 days. 9. The applicant entered active duty for training on 27 March 1962. He was transferred back to the USAR on 23 May 1962. He had completed 1 month and 27 days of active duty service. The total service he performed as of 23 May 1962 was 9 months and 9 days. His DD Form 214 block 24a(3) lists 8 months and 9 days. 10. The applicant has requested block 18 of his DD Form 214 be changed to reflect 5 years and 10 months to complete his remaining service obligation. In order to figure out his remaining service obligation, the total service performed as listed in block 24a(3) must be subtracted from his service obligation of 6 years. He completed 9 months and 9 days of total service since his enlistment on 15 August 1961, though his DD Form 214 reflects 8 months and 8 days. His remaining service obligation at the end of his active duty for training is 5 years 2 months and 21 days. 11. The applicant was transferred to the USAR Control Group (Standby) on 25 May 1963. Army Regulation 135-133 states the reason for this transfer was because his mobilization would result in extreme personal or community hardship. According to the letter regarding the applicant's military status, a member of the USAR Control Group (Standby) is not required to actively participate in the Reserve program. 12. Army Regulation 135-90 (Reserve Components Service Obligations, Methods of Fulfillment, and Enforcement Procedures), in effect at the time, describes the methods by which a Soldier fulfills their military obligation. The applicant would fulfill his 6 year service obligation by satisfactorily participating in unit training before completing his active duty for training and after completing his active duty for training for the remainder of the 6 year obligation. 13. The applicant was honorably discharged from the USAR Control Group (Standby) effective 31 July 1967 for expiration of term of service. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief to amend the DD Form 214. However, it was determined there is an administrative error within his IRR discharge orders in which it shows he separated on 31 July 1967. He should have been separated at the end of his six-year obligation on 14 August 1967. OARD 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. ADMIN NOTES Correct the applicant’s discharge orders from the IRR to show his ETS date as 14 August 1967 REFERENCES: 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. 2. Army Regulation 135-90 (Reserve Components Service Obligations, Methods of Fulfillment, and Enforcement Procedures), in effect at the time, describes the methods by which a Soldier fulfills their military obligation. a. It states, Soldiers fulfill their six or eight year service obligation by serving on active duty, active duty for training, serving only in a Reserve status, or a combination thereof. When the service is in a Reserve status only, the entire period must be served in the Ready Reserve. b. Non-prior service individuals 18 and a half to 26 years of age enlisting in the Ready Reserve fulfill their 6 year service obligation by satisfactorily participating in unit training before completing their active duty for training and after completing their active duty for training for the remainder of the 6 year obligation. 3. Army Regulation 135-133 (Reserve Components Ready Reserve Screening), in effect at the time, describes the eligibility screening out of the Ready Reserve. It states, individuals will be screened out of the Ready Reserve unless they complete the 1 year Ready Reserve agreement. Those not completing the 1 year Ready Reserve agreement will be transferred to the Standby Reserve. This provision includes those individuals whose mobilization would result in extreme personal or community hardship. ABCMR Record of Proceedings (cont) AR20170010430 2