ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20170014596 APPLICANT REQUESTS: reconsideration of his request for issuance of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with his service credit reflected. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Exhibit Cover Sheet * Chronological Report * Special Orders Number 17 * DD Form 4 (Enlistment Contract – Armed Forces of the United States) * Report of Medical History * DA Form 3286 (Statements for Enlistment) * Clinical Record * Previous ABCMR Decision (4 Jun 98) * Memorandum for Medical Administrative Responsibility * Previous ABCMR Decision (10 Feb 00) * Air Evacuation Documents * Microfilm Records (Unreadable) * Earnings Data Sheet * Patient Admission Information * Additional Medical Information FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1999019570 on 10 February 2000. 2. The applicant states, he was ordered to report for a discharge physical while home on leave, but never received a DD Form 214. He is being denied Veterans Services and Healthcare. 3. The applicant provides: a. Exhibit Cover Sheet, which depicts the list of exhibits the applicant submitted. b. Chronological Report, which self identifies the details of the applicant’s service ending on 15 December 1970. c. Special Orders Number 17, dated 28 January 1970, which identifies that the applicant enlisted in the United States Army effective 28 January 1970. d. DD Form 4, dated 28 January 1970, which identifies that the applicant enlisted in the United States Army effective 28 January 1970. e. Report of Medical History, dated 25 September 1969, which states the applicant is qualified for his pre-induction/Regular Army physical. f. DA Form 3286, dated 28 January 1970, which shows no additional enlistment options to the applicant upon enlistment. g. Clinical Record, which shows the applicant had an allergic reaction to an immunization. h. Previous ABCMR Decision, dated 4 June 1998, which states the applicant previously applied to the ABCMR to request for issuance of a DD Form 214 with his service credit reflected. The Board denied his application in full and determined there is no evidence of record, nor has the applicant provided any evidence which would reflect honorable service beyond June 1970. They also determined that the applicant contended in different documents that he was separated either in July 1971 or in January 1972, and that his contention that he was separated in pay grade private/E-2 after completing 2 years of service and that he was not issued a separation document at that time is not convincing. i. Memorandum for Medical Administrative Responsibility, dated 12 October 1970, which states that the applicant was in a “Sick at Home” status and the Fort Devens, Army hospital was responsible for his care. j. Previous ABCMR Decision, dated 10 February 2000, which states applicant applied to the ABCMR to request reconsideration of his previous request for issuance of a DD Form 214 with his service credit reflected. The Board denied his application in full and determined a period of service and performance from 16 December 1970 through 28 January 1972 is not available for review to support a character of service finding. The applicant failed to provide evidence or information on his assignments, duty status, awards, punishments and performance during the missing period. The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice. k. Air Evacuation Documents, dated 13 October 1970, which states he was air evacuated to Dewitt Army Hospital. l. Microfilm Records, Unreadable. m. Earnings Data Sheet, dated 16 June 2017, which displays the salary and social security deductibles of the applicant from his occupation. n. Patient Admission Information, dated 26 June 1970. o. Additional Medical Information, dated 14 November 1970. 4. A review of the applicant’s service records shows the following: a. He enlisted on 28 January 1970 in the Regular Army. He enlisted for a period of 2 years. b. On 26 June 1970 he was admitted to the Fort Belvoir Hospital. He was designated for assignment to the Medical Hold Detachment for Medical Evaluation Board processing (MEB). c. On 13 October 1970, he was diagnosed with Hyperthyroidism and was under observation for grand-mal seizures. d. His DA Form 8-275-2 (Clinical Record Cover Sheet) reflects he was: * Assigned to Medical Hold Detachment U.S. Dewitt Army Hospital (USDAH) - 26 Jun 70 * Attached to USDAH - 26 Jun 70 * From attached to Ab Sk at home - 10 September 1970 * From Ab Sk at home to attached U.S. Army Hospital, Fort Devens, MA. - 12 October 1970 * From Fort Devens to USDAH - 13 October 1970 * From hospital to attached - 14 October 1970 * Reassigned to 502nd Admin Company Fort Hood, TX – 15 December 1970 e. There is no record of service for the applicant after 15 December 1970. Nothing in the applicant’s service record reflects any activity at Fort Hood, TX or any activity after 15 December 1970. f. The applicants record does not contain any separation documentation, to include a DD Form 214. 5. The applicant previously applied to the ABCMR on 4 June 1998 to request for issuance of a DD Form 214 with his service credit reflected. The Board denied his application in full and determined there is no evidence of record, nor has the applicant provided any evidence which would reflect honorable service beyond June 1970. They also determined that the applicant contended in different documents that he was separated either in July 1971 or in January 1972, and that his contention that he was separated in pay grade E-2 after completing 2 years of service and that he was not issued a separation document at that time is not convincing. 6. The applicant applied to the ABCMR on 10 February 2000 to request reconsideration of his previous request for issuance of a DD Form 214 with his service credit reflected. The Board denied his application in full and determined a period of service and performance from 16 December 1970 through 28 January 1972 is not available for review to support a character of service finding. The applicant failed to provide evidence or information on his assignments, duty status, awards, punishments and performance during the missing period. The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice. 7. By regulation, Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the- Army including active duty training personnel and cadets from the US Military Academy. a. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within his military service record, the Board concluded that there was insufficient evidence to support the applicant’s outlined contentions. The Board determined there was no error or injustice, and no reason to amend the previous Board’s decision. 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 to amend the decision of the ABCMR set forth in Docket Number AR1999019570 on 10 February 2000. 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. Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents), currently in effect, prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. 3. AR 635–200 (Personnel Separations - Active Duty Enlisted Administrative Separations), sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the- Army including active duty training personnel and cadets from the US Military Academy. a. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214).NOTHING FOLLOWS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014596 6 1