ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 November 2019 DOCKET NUMBER: AR20180000629 APPLICANT REQUESTS: the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) by correcting his military records to show that he completed 90 days of active duty service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter, dated 22 December 2017 * Letter Orders T-10-1667, dated 6 October 1970 * DD Form 220 (Active Duty Report (ADT)), dated 18 March 1971 * Army Human Resource Command (AHRC) Letter, dated 15 November 2017 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 that he is unable to get a DD Form 214 because his period of activity was miscalculated at the time of his active duty training (ADT) resulting in 89 days rather than 90 days of active duty. He is requesting that the additional day be waived and that the Board issue him a DD Form 214 for his service. He was ordered to active duty for a period of 90 days or more. To fulfill those orders, he was assigned to Judge Advocate General Group (JAG) office at FT Benjamin Harrison. At the time, his period of active duty was apparently miscalculated by including the effective date rather than the beginning date with the first pay day and he has now discovered that he had 89 rather than 90 days of ADT making him ineligible for a DD Form 214. He believes the Army should authorize the issuance of a DD Form 214 as he did all that was required of him to fulfill his orders and service. 3. The applicant provides a self-authored letter that states that he has spent considerable time trying to obtain a DD Form 214. He believes a failure to issue a DD Form 214 to him results in an injustice which he would like to be rectified as suggested by the Army Human Resource Command (AHRC) letter dated 15 November 2017. AHRC letter dated 14 November 2017, states that it has been determined that the incorrect active duty service dates are not an administrative error on the part of AHRC but a probably error made by his unit while he was on active duty in 1971. He further states that a copy his orders T-10-1667 dated 8 October 1970 ordering him to Active Duty for Training for a Periods of 90 or more days. The reporting date shown in these orders is 8 January 1971, the transfer date to the Anny Reserve Control Group was 7 April, 1971. A copy of his DD 220 (Active Duty Report (ADT)) shows an effective date for ADT of 7 Jan 1971 and a termination date of 6 April 1971. It was the intent of the U.S Army and himself to fulfill his orders for ADT for 90 days or more and thereby he completed his eligibility for a DD Form 214. He hopes that the Board will find it appropriate to authorize issuance of a DD Form 214 for the miscalculation of his actual active duty period. 4. A review of the applicant’s service record shows the following: a. DA Form 71 (Oath of Office-Military Personnel), dated 28 May 1970, shows that the applicant was accepted as reserve commissioned officer. b. A memorandum, dated 28 May 1970, shows that the applicant was appointed as a reserve commissioned officer for an indefinite term as a second lieutenant/2LT. c. His DA Form 66 (Officer Qualification Record) item 18 (Record of Assignment) shows ADT for officer student on 7 January 1971 and his release from ADT on 6 April 1971. d. Letter Orders Number (LO) T-10-1667, dated 6 October 1970, ordered the applicant to active duty for training for a period of 90 days for more and attached to Ft Benjamin Harrison to attend adjutant general officer basic branch course. e. DD Form 220, dated 18 March 1971, shows: * Effective date of ADT 7 January 1971 * Reporting Date 8 January 1971 * Date Departed from ADT to home 5 April 1971 * Date Tour of Duty Terminated 6 April 1971 f. A memorandum, dated, 20 May 1973, states that Per orders LO T-10-1667 dated 6 0ctober 1970, the undersigned accomplished ADT for period of 90 days or more at Fort Benjamin Harrison, including assignment to and completion of AG-OBC class 12 commencing 8 January 1971. Upon completion of 90 day period individual reverted to reserve status; USAR control Group. g. A memorandum, dated 26 October 1973, states that A DD Form 214, Report of Separation, is issued to reservists who are ordered to active duty training for a period of 90 days or more. As your records show that you do not meet this requirement during the period 8 January 1971 to 6 April 1971, a DD Form 214 was not authorized. Enclosed is a copy of your active duty training order, LO Number T- 10-1667 verifying your reporting date as 8 January 1971. Also, included is a copy of DD Form 220, Report of Active Duty Training. 5. Army Regulation (AR) 135-200 (Active Duty for Missions, Projects, and Training for Reserve Component Soldiers) section II, paragraph 6-9 states that ensure all Soldiers on orders for 90 days or more properly in-process and out-process through the nearest military installation to obtain a DD Form 214 (Certificate of Release or Discharge from Active Duty) prior to release from AD. Some installations will provide DD Form 220 (Active Duty Report) for Soldiers on duty for less than 90 days. 6. AR 635-5 (Separation Documents) states that block 12a (Date Entered Active Duty) enter the beginning date of the continuous period of active duty for issuance of this DD Form 2I4, for which a DD Form 2I4 was not previously issued. Block 12b (Separation Date this period) may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government. 7. AR 350-1 (Army Training and Leader Development) paragraph 8-14 states that records of completion for all Soldiers who successfully complete a DL (Distributed Learning) course will have the completion recorded in ATRRS (Army Training Requirements and Resources System) and ATMS (Army Training Management System). All training mandated in accordance with this regulation will be entered or updated in the official personnel file of Soldiers through the ATRRS interface. Course completion data will be transmitted from ATRRS into the Soldier’s ITR (Individual Training and Readiness System) in DTMS (Defense Training Management System). School generated certificates of completion or ATRRS- generated DA Forms 1059 will be accomplished via mail or through electronic distribution such as the DL facility fax capability or locked portable document format (.pdf). These documents can be used for promotion point documentation. 8. AR 600-8-104 (Army Military Human Resource Records Management) paragraph 5-14 states that: (1). Military education entries will be made for the successful completion of each formal course of instruction resulting in the award of a specialty skill identifier, military occupational specialty, additional skill identifier, or skill qualification identifier that makes a direct contribution to proficiency in a particular specialty skill identifier or military occupational specialty. For all schools and courses, an entry will be made for successful completion of any course of instruction conducted under military sponsorship or direction. (2). Basic criteria for military education course code include the following: (a) Course must be listed in the Army Training Requirements and Resource System. (b) Resident course hours with a minimum of 40 hours per 1 week per 5 days of instruction. 9. TRADOC Regulation (TR) 350-18 (Training – The Army School Systems TASS (The Army School System) in the paragraph 3-38 states that: a. TASS schools will issue diplomas or certificates of completion to all students on successful completion of courses to students who meet course completion criteria established by the student assessment plan for a TATS (Total Army Training System) course. b. Certificates and diplomas will contain: (1) Complete course title and course identification number. (2) Student's full name, grade, course, or phase, and beginning and completion dates of the course and hours. c. Commanders/commandants may issue locally produced certificates to students who successfully complete courses. They may also issue certificates BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. Based upon the preponderance of the evidence, the Board agreed he did not reach the 90 days of continuous active service required to receive a DD Form 214. 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 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) 635-5 (Separation Documents) states that block 12a (Date Entered Active Duty) enter the beginning date of the continuous period of active duty for issuance of this DD Form 2I4, for which a DD Form 2I4 was not previously issued. Block 12b (Separation Date this period) may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government. 3. Army Regulation (AR) (Active Duty for Missions, Projects, and Training for Reserve Component Soldiers) section II, paragraph 6-9 states that ensure all Soldiers on orders for 90 days or more properly in-process and out-process through the nearest military installation to obtain a DD Form 214 (Certificate of Release or Discharge from Active Duty) prior to release from AD. Some installations will provide DD Form 220 (Active Duty Report) for Soldiers on duty for less than 90 days. 4. AR 635-5 (Separation Documents) states that block 12a (Date Entered Active Duty) enter the beginning date of the continuous period of active duty for issuance of this DD Form 2I4, for which a DD Form 2I4 was not previously issued. Block 12b (Separation Date this period) may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government. 5. AR 350-1 (Army Training and Leader Development) paragraph 8-14 states that records of completion for all Soldiers who successfully complete a DL (Distributed Learning) course will have the completion recorded in ATRRS (Army Training Requirements and Resources System) and ATMS (Army Training Management System). All training mandated in accordance with this regulation will be entered or updated in the official personnel file of Soldiers through the ATRRS interface. Course completion data will be transmitted from ATRRS into the Soldier’s ITR (Individual Training and Readiness System) in DTMS (Defense Training Management System). School generated certificates of completion or ATRRS- generated DA Forms 1059 will be accomplished via mail or through electronic distribution such as the DL facility fax capability or locked portable document format (.pdf). These documents can be used for promotion point documentation. 6. AR 600-8-104 (Army Military Human Resource Records Management) paragraph 5-14 states that: (1). Military education entries will be made for the successful completion of each formal course of instruction resulting in the award of a specialty skill identifier, military occupational specialty, additional skill identifier, or skill qualification identifier that makes a direct contribution to proficiency in a particular specialty skill identifier or military occupational specialty. For all schools and courses, an entry will be made for successful completion of any course of instruction conducted under military sponsorship or direction. (2). Basic criteria for military education course code include the following: (a) Course must be listed in the Army Training Requirements and Resource System. (b) Resident course hours with a minimum of 40 hours per 1 week per 5 days of instruction. 7. TRADOC Regulation (TR) 350-18 (Training – The Army School Systems TASS (The Army School System) in the paragraph 3-38 states that: a. TASS schools will issue diplomas or certificates of completion to all students on successful completion of courses to students who meet course completion criteria established by the student assessment plan for a TATS (Total Army Training System) course. b. Certificates and diplomas will contain: (1) Complete course title and course identification number. (2) Student's full name, grade, course, or phase, and beginning and completion dates of the course and hours. c. Commanders/commandants may issue locally produced certificates to students who successfully complete courses. They may also issue certificates //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000629 4 1