ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 August 2019 DOCKET NUMBER: AR20180008826 APPLICANT REQUESTS: his service credit be added to his DD Form 214 (Report of Separation from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Records) * one page of his DD Form 4 (Enlistment Contract – Armed Forces of the United States (U.S.) * term of military service letter 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 their case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he enlisted in the U.S. Army early on 12 March 1974. Early enlistment documents are missing from his federal personnel records. 3. The applicant provides a term of military service letter, dated 3 March 1976, from the 275th Engineer Company (ADM). It states the applicant will complete 2 years of active military service on 12 March 1976. The applicant enlisted in the U.S. Army on 12 March 1974 in the delayed entry program and entered active duty on 31 May 1974. 4. A review of the applicant’s service record shows: * 12 March 1974 – enlisted in the U.S. Army Reserves (USAR), delayed entry program * 30 May 1974 – honorably released from the USAR (Delayed Entry) for immediate enlistment in the Regular Army (RA) * 31 May 1974 – enlisted in the RA for 2 years 5. His DD Form 214 (Report of Separation from Active Duty) shows he was honorably released from active duty on 24 May 1976, with an erroneous LBM separation program designator code (SPD),within 3 months of end active obligation service U.S. Navy – Enlisted. Special orders number 040, shows his SPD code as JBK, expiration of term of service. He was transferred to the USAR Control Group (Annual Training), Reserve Components Personnel and Administration Center (RCPAC), St. Louis, MO. His military selective service act obligation was 11 March 1980. He completed 1 year, 11 months, and 24 days of active service. His DD Form 214 also shows he was awarded or authorized: * National Defense Service Medal * Expert Qualification Badge (Hand Grenade) * Marksman Marksmanship Qualification Badge (M-16) * Good Conduct Medal * his DD Form 214 also shows in item 18c (Total Active Service) 1 11 24 6. His orders 02-1014595, dated 27 February 1980, published by the Office of the Adjutant General, RCPAC, St. Louis, MO, honorably discharged him from the USAR on 11 March 1980. 7. By regulation, AR 635-5 (Personnel Separations - Separation Documents), 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. The instructions for completing the DD Form 214 states for item 18 (Record of service), all service shown in 18(a) through (f) will be less time lost under 10 USC 972 and time lost subsequent to expiration of term of service BOARD DISCUSSION: After review of the application and all evidence, the Board found relief is warranted. The applicant’s contentions were carefully considered. He enlisted for 2 years on 31 May 1974, and was to be released from active duty on 30 May 1976; however, his DD Form 214 shows he completed 1 year, 11 months, and 24 days, and that he separated on 24 May 1976. After considering the break for the Memorial Day holiday and the weekend, the Board agreed his separation document reflects the date the form was prepared (last business day) instead of his actual separation date. In addition, the Board agreed to amend his separation code as noted by the analyst of record in the facts section above. 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 his DD Form 214 for the period ending 24 May 1976 by: a. Item 9c – replacing the SPD “LBM” with the entry “JBK”; b. Item 9d – showing he effective date as “76 05 30”; c. Item 18(a) and 18(c) – showing the entry “02 00 00”; and d. Item 18(e) – showing the entry “02 02 19” I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in their 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. There 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 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). Section II – Instructions for Preparing DD Form 214. It states for item 18 (Record of service), all service shown in 18(a) through (f) will be less time lost under 10 USC 972 and time lost subsequent to expiration of term of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008826 3 1