ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  2 October 2019

	DOCKET NUMBER:  AR20170010445


APPLICANT REQUESTS:  a correction to his expiration of term of service date from 
1 October 1975 to 16 October 1975

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4 (Enlistment Contract – Armed Forces of the United States)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	United States Army Reserve (USAR) Discharge Orders
*	Letter to and from the National Personnel Records Center

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 the date shown on his orders discharging him from the 
USAR, dated 24 September 1975 has an incorrect date of 1 October 1975.  He 
believes that based upon his DD Form 4, he enlisted on 17 October 1969 and his 
obligation was for six years making his discharge date 16 October 1975.  The 
current discharge date of 1 October 1975 makes him 16 days short of his actual 
service and subsequently, 16 days short of the total service that he needs to be able 
to benefit from being eligible for the Veterans Affairs loans.  

3.  The applicant provides:

   a.  A copies of his enlistment contract, which shows his enlistment date of           
17 October 1969 in block 6 and his term of enlistment in box 7, as 6 years.
   
   b.  A copy of his orders discharging him from the USAR, dated 1 October 1975, 
which is 15 days short of 6 years.

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

	a.  He enlisted in the United States Army Reserves on 17 October 1969.

	b.  He was discharged from the USAR on 1 October 1975.  

5.  By regulation, completion of term of enlistment or period of obligated service 
states that upon expiration of term of enlistment or period of obligated service, the 
enlisted member will be discharged.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows his reserve obligation was to end on 16 October 1975; however, he 
received IRR discharge orders showing 1 October 1975.  The Board agreed his 
discharge order should be amended to reflect the correct date.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected by amending Letter 
Orders Number 09-12B2596, issued by U.S Army Reserve Components Personnel 
and Administration Center, St. Louis, Missouri on 24 September 1975 by showing 
the effective date of discharge as 16 October 1975.
	  
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 135-178 (Army National Guard and Reserve – Enlisted 
Administrative Separations), in effect at the time, prescribes the authority, 
conditions, and procedures governing the discharge of enlisted members of the 
United States Army Reserve.  In addition, special procedures governing the 
discharge of enlisted members of the USAR who have not completed 24 months of 
active duty/ACDUTRA are contained in the AR 135-91.  Whenever the instructions in 
this regulation conflict with the instructions in AR 135-91, the latter instructions will 
apply.

	a.  Chapter 3-9a, Completion of term of enlistment or period of obligated service 
states that upon expiration of term of enlistment or period of obligated service, the 
enlisted member will be discharged.



	b.  Chapter 3-9c states that when through administrative error an enlisted 
member is not discharged on the actual date of completion of term of enlistment or 
date of completion of obligated service, or as set forth in paragraphs 3-4c and d, a 
remark will be included in the “remarks” section of the individual’s Enlisted 
Qualification Record (DA Form 20).


NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170010445

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