ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2019 DOCKET NUMBER: AR20180009021 APPLICANT REQUESTS: a DD Form 214 (Certificate of Release or Discharge from Active Duty) from his time on active duty for the Officer Basic Course (OBC), after resignation of his commission from the Army National Guard (ARNG), or after his discharge from the Standby Reserve. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment Contract) * DD Form 220 (Active Duty Report) * NGB Form 22 (Report of Separation and Record of Service) * Special Orders Number 221 dated 9 August 1970 * Special Orders Number 222 dated 10 August 1970 * NGB Retirement Credits Record * Special Orders Number 96 dated 8 April 1974 * Orders 03-101398 dated 13 March 1979 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 he never received a DD Form 214 from the U.S. Army for his time on active duty upon completion of OBC, after he resigned his commission as an officer in the ARNG on 8 April 1974, or after his discharge from the Standby Reserve on 1 May 1979. 3. The applicant provides: a. DD Form 4 with a 7 April 1968 date of enlistment. The term of enlistment was listed as 6 years. b. DD Form 220, dated 16 August 1968, detailed the applicant's dates for his active duty training. The report further noted the date reported for his tour of duty as 18 June 1968 and the date his tour of duty terminated was 25 August 1968. c. NGB Form 22 with a 9 August 1970 discharge date to accept appointment as an officer. d. Special Orders Number 221, dated 9 August 1970, ordered the applicant discharged from the RIARNG and as a Reserve of the Army. e. Special Orders Number 222, dated 10 August 1970, which stated the applicant was appointed as second lieutenant/2LT. f. An NGB Retirement Credits Record with inclusive dates from 10 August 1970 through 7 April 1974. Block 5 (Active Duty or Active Duty Training) identified the following periods: * 9 May 1971 to 6 August 1971 * 17 June 1972 to 1 July 1972 * 14 July 1973 to 28 July 1973 g. Special Orders Number 96, dated 8 April 1974, established the applicant's honorable separation from the ARNG. h. Orders 03-101398, dated 13 March 1979, indicated the applicant was honorably discharged from the Standby Reserve. 4. A review of the applicant's service record shows: a. He enlisted in the Rhode Island Army National Guard (RIARNG) on 7 April 1968. b. Special Orders Number 129, dated 14 May 1968, ordered the applicant to active duty for training (ACDUTRA) with an 18 June 1968 report date to reception and a 1 July 1968 report date to basic combat training. The orders further state the applicant is an Officer Candidate School (OCS) applicant and will participate in an 8 week BCT phase only. c. NGB Form 22 with a 9 August 1970 discharge date in Block 7, indicated the applicant was discharged for acceptance of appointment as officer in the Armed Forces of the United States. d. He was appointed as a Reserve commissioned officer and executed an oath of office on 11 November 1970. e. A DA Form 1059 shows he attended and completed the Field Artillery Basic Course from 9 May 1971 (report date) to 6 August 1971. f. Special Orders Number 96, dated 8 April 1974, stated the applicant was honorably separated from the ARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinf) with an effective date of 8 April 1974. g. Orders 07-443657, dated 25 July 1977, noted the applicant was reassigned from the USAR Control Group Standby (Inactive) to the USAR Control Group Standby. h. The applicant was honorably discharged from the Standby Reserve on 1 May 1979, as noted on Order 03-1013981 dated 13 March 1979. i. The record was void of any DD Forms 214. 5. By regulation, 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant's contentions were carefully considered. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Reserve Component personnel must complete 90 days or more of continuous active service to receive a DD Form 214 (except for those with less than 90 completing initial MOS training). Based upon the documentary evidence provided by the applicant and found within the military service record, the Board agreed the DA Form 1059 shows a time period of less than 90 days, and the subsequent contended periods were not covered by active duty orders. 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 635-5 (Separation Documents), in effect at the time, states 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180009021 4 1