ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2019 DOCKET NUMBER: AR20180006008 APPLICANT REQUESTS: correction of dates to reflect his periods of service and rank on his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Statement of Service from Office of The Adjutant General of the State of California Military Department * Cover letter from Veteran Service Officer in Rochester, MN 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 filed a claim on 17 August 2017 with the Veterans Administration (VA) and found an error. He believes the terms of his honorable service in the U.S. Army were not fully recorded and it may affect his eligibility for treatment and level of benefits for service connected claims. 3. The applicant provides: a. Cover letter, dated 17 November 2017, addressed to the Navy Board for Correction of Naval Records from his Veteran Services Officer, that states: * the applicant believes he is missing information in his file * he did not receive a DD Form 214 from his basic training time * DD Form 214, dated from 1958 to 1960 shows he had other credible service for 2 months and 17 days * he wants the Board to explore and update as necessary b. Statement of Service from the Office of The Adjutant General, State of California Military Department that shows: * he enlisted in the California Army National Guard (CAARNG) on 23 September 1956 for a period of 3 years * he attended active duty for training from 25 May 1957 to 25 August 1957 * he received an honorable discharge from the CAARNG effective 7 January 1958 by reason of enlistment in the Regular Army (RA) c. DD Form 214 for the following periods of service: * from 8 January 1958 to 2 February 1960 * from 3 February 1960 to 28 January 1963 * from 27 January 1964 to 10 January 1967 4. The applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 8 January 1958. His service number was RAXX XXX XXX. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the following information: * block 32 (Prior Service) shows he was in the National Guard (NG) with service number NGXX XXX XXX; his date of order to active duty was 25 May 1957; he held the grade of private (PVT-2) (P)/E-2 when he was honorably discharged on 11 August 1957 * block 35 (Total Service) shows he had previously served on active duty for 0 years, 2 months, and 17 days * block 39 (Remarks) shows his last active federal service was with the National Guard of the United States (NGUS), and reflects he had actively served 2 months, and 17 days of active duty (AD) for training only * he was released to the NG on 11 August 1957 b. His DA Form 1049 (Personnel Action), dated 26 January 1960 shows he requested to be discharged prior to expiration of term of service (ETS), in accordance with Army Regulation (AR) 635-205 (Personnel Separations – Discharge and Release – Convenience of the Government) for immediate reenlistment in the RA. c. He was discharged on 2 February 1960. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period from 8 January 1958 to 2 February 1960 shows the following information: * block 3a (Grade, Rate or Rank): private first class (PFC)/E-3 * block 3b (Date of Rank): 1 October 1958 * block 4 (Department, Component and Branch or Class): Army, RA * block 11a (Type of Transfer or Discharge): Discharge * block 11d (Effective Date): 2 February 1960 * block 13a (Character of Service): Honorable * block 19 (Current Active Service other that Induction): Enlisted (first enlistment); block 19b (Term of Service): 3 years, and block 19c (Date of Entry): 8 January 1958 * block 21 (Grade, Rate or Rank at Time of Entry into Current Active service): private (PVT)/E-2 * block 24 (Statement of Service) (Creditable for Basic Pay Purposes): * 24a(1) (Net Service this Period): 2 years, 0 months, 26 days * 24a(2) (Other Service): 0 years, 2 months, 17 days * 24a(3) (Total (Line 1 + Line 2)): 2 years, 2 months, 43 days * 24b (Total Active Service) 2 years, 3 months, 13 days d. He re-enlisted in the Regular Army (RA) on 3 February 1960. He was honorably discharged on 28 January 1963. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period from 3 February 1960 to 28 January 1963 shows the following information: * block 3a (Grade, Rate or Rank): specialist five (SP5)/E-5 (T) * block 3b (Date of Rank): 18 September 1962 * block 4 (Department, Component and Branch or Class): Army, RA, AMEDS * block 11a (Type of Transfer or Discharge): Discharge * block 11d (Effective Date): 28 January 1963 * block 13a (Character of Service): Honorable * block 19 (Current Active Service other that Induction): Reenlisted * block 19b (Term of Service): 3 years * block 19c (Date of Entry): 3 February 1960 * block 21 (Grade, Rate or Rank at Time of Entry into current active service): private first class (PFC)/E-3 * block 24 (Statement of Service): * 24a(1) (Net Service this Period): 2 years, 11 months, 26 days * 24a(2) (Other Service): 3 years, 4 months, 10 days * 24a(3) (Total (Line 1 + Line 2)): 6 years, 4 months, 6 days * 24b. (Total Active Service) 5 years, 3 months, 9 days e. He re-enlisted in the Regular Army (RA) on 27 January 1964. He was honorably discharged on 1 January 1967. The DD Form 214 for the period from 27 January 1964 to 10 January 1967 shows the following information: * block 3a (Grade, Rate or Rank): specialist five (SP5) / E-5 (P) * block 3b (Date of Rank): 18 December 1964 * block 4 (Department, Component and Branch or Class): Army, RA, Unassigned * block 11a (Type of Transfer or Discharge): Discharge * block 11d (Effective Date): 10 January 1967 * block 13a (Character of Service): Honorable * block 19 (Current Active Service other that Induction): Reenlisted * block 19b (Term of Service): 3 years * block 19c (Date of Entry): 27 January 1964 * block 21 (Grade, Rate or Rank at Time of Entry into current active service): specialist four (SP4)/E-4 (T), private first class (PFC)/E-3 (P) * block 24 (Statement of Service): * 24a(1) (Net Service this Period): 2 years, 11 months, 14 days * 24a(2) (Other Service): 6 years, 4 months, 6 days * 24a(3) (Total (Line 1 + Line 2)): 9 years, 3 months, 20 days * 24b (Total Active Service) 8 years, 2 months, 23 days f. His record is void of the details of his enlistment with the California Army National Guard. However, his record reflects the following: DD Form 214 ending 2 February 1960 shows in item 24a(2) (Other Service) he had 0 years, 2 months, 17 days of creditable service 5. By AR 15-185 (ABCMR) the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. 6. By regulation (AR 635-5), 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. The information entered thereon reflects the conditions as they existed at the time of separation. 7. By regulation (AR 635-200), the authority for separation and the discharge of enlisted personnel upon expiration of term of enlistment and the general provisions governing the release of enlisted personnel from active duty prior to expiration of their terms of service. 8. By regulation (AR 635-5), enlisted personnel may be discharged or released from active military service, or released from military control, for the convenience of the government. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. He did not attend initial entry training as a Reserve Component Soldier for 90 or more days; therefore, he was not issued a separation document for ADT. Based upon the preponderance of the evidence, the Board agreed that his separation documents were completed in accordance with regulatory guidance and without error, accurately reflecting his rank, and active and inactive service dates. 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. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. AR 635-5 (Personnel Separations - Separation Forms) prescribes the forms to be used in the separation of Army personnel, and apply to reserve components on active duty for training. a. The purpose of a separation form is to provide the individual with documentary evidence of his military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he is entitled. b. A certificate of service (DD Form 217A) will be issued to enlisted personnel who are released from active duty and revert to state control in their status as members of the Army National Guard or who are transferred to or revert to the Army Reserve. c. Section III, provides instructions for the preparation and distribution of the Armed Forces of the United States Report of Transfer or Discharge (DD Form 214). Paragraph 17 (Numbered Items) shows the DD Form 214 will be completed in accordance with the instructions provided. * paragraph 48, Item 24a(1) (Net service this period) contains total service completed between the inclusive dates of the current tour of duty * paragraph 49, item 24a(2) (Other service) contains all prior service excluding any service shown in item 24a(1), and includes any period served in the United States Army Reserve (USAR) or Army National Guard of the United States (ARNGUS) * paragraph 51, item 24b (Total active service) contains the total active service the individual completed beginning with the earliest period of active service up to and including the current period of active duty, less any period served in the ARNGUS or USAR not on active duty, and less time lost * paragraph 52, item 24c (Foreign and/or sea service) contains total active duty outside the continental limits of the United States for the period covered by the DD Form 214 4. AR 635-200 (Personnel Separations – General Provisions for Discharge and Release), provides for the discharge of enlisted personnel upon expiration of term of enlistment and sets forth general provisions governing the release of enlisted personnel from active duty prior to expiration of their terms of service. a. Per paragraph 4, (Discharge certificates) are furnished to enlisted and inducted personnel when they are discharged. b. Per paragraph 5, (Certificate of service) (DD Form 217A) is furnished to each enlisted person who is released from active duty and reverts back to the former USAR or NG status to complete the unexpired portion of an enlistment contract in such a component. c. Per paragraph 6, (Report of Separation from the Armed Forces of the United States) (DD Form 214) shows individuals who are discharged or released from active duty, in addition to a discharge certificate or certificate of service, will be furnished a factual record of military service rendered, with exception of enlisted members of the reserve components (USAR and NG) who enlist in the RA at station of discharge within 24 hours of discharge. 5. By AR 635-205 (Personnel Separations – Discharge and Release – Convenience of the Government) sets forth the conditions under which enlisted personnel may be discharged or released from active military service, or released from military control, for the convenience of the government to permit immediate reenlistment. Individuals being discharged from their present enlisted status, as provided here, will be reenlisted on the day following discharge. The discharge certificate will not be delivered to the individual until after reenlistment is effected. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006008 5 1