ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 September 2019 DOCKET NUMBER: AR20180013837 APPLICANT REQUESTS:, in effect, correction of his DD Form 214 (Report of Separation from Active Duty), with a separation date of 19 June 1979, item 18c (Total Active Service). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 19 June 1979 * Orders 01 – 1000791, Office of the Adjutant General, dated January 1981 * DD Form 215, dated 21 July 2011 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, in effect, states he enlisted in the delayed entry program (DEP) on 20 February 1975 and his time in grade was 3 months and 29 days when he entered basic training, on 20 June 1975. He contends his active duty and United States Army Reserve (USAR) period of service dates were from 20 February 1975 through 20 February 1981. He served in Europe and his unit of assignment was the Army Security Agency with duties to conduct secret operations. a. He recently attempted to get treatment for post-traumatic stress disorder (PTSD) but was unable to get a Vietnam era designation of May 1975 due to his active duty entry date being 20 June 1975. b. His Army recruiter in Hazel Park, MI told him he would be listed as a Vietnam-era Veteran. His date of enlistment was 20 February 1975 and he was released from the USAR on 20 February 1986. It has been brought to his attention that by being listed as a Vietnam-era Veteran he could receive additional benefits and it will open up other options for him through the Department of Veteran's Affairs (VA). 3. On 20 June 1975, the applicant enlisted in the Regular Army for a period of 4 years. He was awarded military occupational specialty (MOS) 98G (Voice Interceptor) after completing basic training and advanced individual training. His DD Form 4 (Enlistment Contract – Armed forces of the United States) shows: * item 3 (Rate – Grade) – Private (PV)/E – 1 * item 15 (Accepted At) – DRC DETROIT MI RS HAZEL PARK * item 39 (BASD (Basic Active Service Date) – ADBD (Active Duty Base Date)) – 20 June 1975 4. A review of the applicant's record shows he was assigned to 851st Army Security Agency – Germany from 14 December 1976 through 12 May 1979. His DA Form 2 – 1 (Personnel Qualification Record) shows: * item 18 (Appointments and Reductions) – Private 2nd Class (PV2) date of rank (DOR) 20 October 1975 * item 20 (Basic Enlisted Service Date (BESD)) – 20 February 1975 * item 25 (Home of Record /Address) – "" * item 35 (Record of Assignments) – "(Res 7502 – 7506 PV1, USAR)" 5. On 19 June 1979, the applicant was released from active duty and transferred to USAR. His DD Form 214 shows: * item 11 (Last Duty Assignment and Major Command) – "851 ASA CO USAREUR" * item 17c (Date Entered Active Duty This Period) – 20 June 1975 * item 18a(1) (Net Active Service This Period) – 4 year(s), 0 month(s), and 0 day(s) * item 18c (Total Active Service) – 4 year(s), 0 month(s), and 0 day(s) * item 18d (Prior Inactive Service) – 0 year(s), 3 month(s), and 29 day(s) * item 21 (Time Lost) – "NONE" 6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, guidance for inclusive entries for active duty service. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the date of entry into the DEP as reflected on his DA Form 2-1 item 20, his entry on Active Duty and the entries on items 17 c through 18 d on his DD Form 214. The Board found the applicant’s time in the DEP, before he came on active duty, is appropriately recorded in item 18d (Prior Inactive Service) on his DD Form 214. The Board considered the orders discharging the applicant from the Ready Reserve 28 January 1981. The Board found no evidence, and the applicant provided none, the show he served on active duty after the date of separation on his DD form 214. Based on a preponderance of evidence, the Board determined that the dates on his DD Form 214 reflecting the applicant’s entry and separation from active duty were not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted.? 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. ADMINISTRATIVE NOTE(S): Not Applicable ? 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), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation provides all service shown in items 18(a) through (f) will be less time lost under Title 10 USC 972 and time lost subsequent to expiration of time of service. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. ABCMR Record of Proceedings (cont) AR20180013837 2 1