ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 October 2019 DOCKET NUMBER: AR20170019726 APPLICANT REQUESTS: In effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 30 March 1970 amended to read honorable in block 13a (Character of Service). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Honorable Discharge Certificate, 1 July 1970 * DD Form 214, 6 September 1965 * DD Form 214, 30 March 1970 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 he attempted to register into the Veteran Affairs system and was told that his abbreviated DD Form 214 had to say honorable for the mail strike. 3. The applicant provides: * Honorable Discharge Certificate, 1 July 1970 showing he was honorably discharged from the New York Army National Guard (NYARNG) on 1 July 1970 * DD Form 214, effective 6 September 1965 showing he was honorably released to the NYARNG * DD Form 214, effective 30 March 1970 showing he was released to the ARNG NY after a period of seven days of active service 4. A review of the applicant’s service records shows the following: a. He enlisted in the NYARNG on 16 February 1965. b. On 6 September 1965, he was honorably released from active duty for training to the control of the NYARNG. c. Letter Orders 3-03, dated 24 March 1970 ordered him to active duty by direction of the President and pursuant to orders contained in Letter Orders No. 3-132, Headquarters First United States Army effective 24 March 1970. d. On 30 March 1970, he was released to NYARNG after a period of seven days of active service. He was issued an abbreviated form per appendix A, Army Regulation (AR) 135-20 (Reserve Components-Release from Active Duty, Reserve Components). 5. By regulation, AR 135-20 prescribes procedures and administrative instructions for the release of units and personnel of the ARNG and the United States Army Reserve from active duty. 6. AR 635-5 (Personnel Separation-Separation Documents) established the standardized policy for preparing and distributing the 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. Evidence of record shows he was ordered to active for a period of seven days for a National emergency. The regulatory guidance did not provide for the issuing of a character of service for the period of active duty supporting that mission. The Board wished to advise the applicant that a period of service of 90 days is required in order to get a DD Form 214, and thus awarding a characterization of service for that period of military service. Because the applicant only had seven days of military service for that time period, the Board agreed there was no error or injustice in this case. 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 (AR) 135-20 (Reserve Components-Release from Active Duty, Reserve Components) Appendix A (Release of Members of Army National Guard Units Called to Active Military Service because of Civil Disturbance) A4.c(3) states DD Form 214 (Report of Separation from the Armed Forces of the United States) will be prepared in accordance with AR 635-5, but the following items will be modified as indicated: a. Enter "N/A" in items 4, 6, 7, 8, 9, 10a, b and c, 12, 13b, 14, 15, 16, 17b, 18, 19, 21, 22a (2) and (3), 22b and c, 23a, and b, 25, 27a, b, and c, 29 b. Item 11a: Enter “Rel to ARNG of ------------------------------------.” c. Item 11c: Cite DA msg directing release followed by SPN 763. d. Item 17a: "Other" block will be checked and enter "call -------------------.” (Enter Executive Order # and date) e. Item 17c: Enter date determined in accordance with chapter 3, AR 135-300. f. Item 22a(1) : Enter number of days, months on active duty during this call. g. Item 24: Enter "N/A" unless member received award during period covered. h. Item 30: Enter "This abbreviated form issued to Army National Guard members per appendix A, this AR" on all abbreviated DD Forms 214 issued. Of the requirements in paragraph 62, AR 635-5 only the entry pertaining to excess leave, if applicable, must be made. i. There is no mention of 13a (Character of Service). 3. AR 635-5 (Personnel Separation-Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated: Item 13a enter one of the following in capital letters. When an enlisted person is transferred or returned to a Reserve component, enter either "HONORABLE" or "UNDER HONORABLE CONDITIONS" whichever is appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170019726 3 1