ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 September 2019

	DOCKET NUMBER:  AR20180009628


APPLICANT REQUESTS:  in effect, review of his total military service.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Statement from Applicant 
* VA Form 26-1880 (Request for a Certificate of Eligibility)
* Department of Veterans Affairs (DVA) – Denial of Benefits Letter
* National Personnel Records Center (NPRC) – Record Burn Letter
* NA Form 13038 (National Archives And Records Administration Certificate of Military Service)

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 according from to letter of Ms. X____xx X___xx, Archives Technician, on 22 March 2018, his records were not found in their files.  However, the active duty service time of 15 September 1958 to 15 December 1958 total of 91 days was certified on 22 March 2018.  The records could have been damaged by a fire on 12 July 1973.  He believes his Certification of Military Service in the US Army Reserve (USAR) for 8 years of service from 15 September 1958 to 31 August 1966, including active duty time from 15 September 1958 to 15 December 1958.  He was honorably discharge from the USAR on 31 August 1966.  On 27 January 2017, he filled a Request for a Certificate of Eligibility for Loan Guaranty from the DVA.  On 2 February 2017, the DVA returned his certificate, because they needed additional information.  Therefore, he is enclosing DD Form 149 with the information requested to the best of his records dated some 60 to 62 years ago.  Also enclosed is copy of his honorable discharge from the Army of the United States dated 31 August 1966.  These are the only documents he got left to prove that his served in the USAR for consecutive 8 years.  Please correct his enclosed Certificate of Military Service to state: "This certifies that [Applicant, Service Number] was a member of the United States Army Reserve from 15 September 1958 to 31 August 1966 and was discharge honorably."

3.  There was a fire at the National Personnel Records Center (NPRC) on 12 July 1973.  The fire destroyed the major portion of the records of Army military personnel for the period 1912 through 1959.  NPRC believes the applicant’s records were lost or destroyed in that fire.  Fortunately, there are alternative records sources that often contain information which NPRC uses to reconstruct service record data.  The majority of the applicant's records are not available for review.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

4.  A review of the applicant’s service records shows the following:

	a.  On 8 September 1958, he enlisted in the US Army Reserve (USAR).  

	b.  He entered active duty for training (ACDUTRA) on 15 September 1958.  

	c.  He was honorably released from ACDUTRA on 15 December 1958.  His DD Form 214 (Report of Separation from the Armed Forces) reflects that he was honorably released from active duty and returned to USAR.  He completed 3 months and 1days of net service for this period.  

	d.  On 28 April 1959, his DD Form 44 (Record of Military Status of Registrant) shows he was assigned to 2976th USAR Control Group (Standby), Puerto Rico.

	e.  On 31 August 1966, he received a discharge certificate that reflects he was honorably discharged in the rank of private/E-1 from the Army of the United States.  

	f.  He provides a NA Form 13038 (National Archives And Records Administration Certificate of Military Service), issued by the National Archives, documenting his active service from 15 September 1958 to 15 December 1958.

	g.  There is no indication he performed any periods of active duty between the date he was released from active duty on 15 December 1958 and the date he was discharged from the USAR 31 January 1966 that would have warranted the issuance of a subsequent DD Form 214.

5.  AR 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  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.  The ABCMR corrects military records.  The NA Form 13038 is not a military record and is not within the purview of this Board.  
6.  By regulation (AR 635-5), the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  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, and is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  ARNG and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the U.S. Alternate Training Program or USAR Split Training Program.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant’s contentions were carefully considered.  His record of military service is reflected consecutively on separation documents.  The enlistment contract shows the period covered until he entered active duty for training, the DD Form 214 reflects the period of active duty until he was transferred back to the USAR, and he remained in the USAR until the date of the discharge order.  Due to the applicant’s USAR status at his time of discharge, he would not have one single separation document that shows his entire period of service.  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 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  


3.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  ARNG and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the U.S. Alternate Training Program or USAR Split Training Program.

4.  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.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180009628


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