ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 July 2019 DOCKET NUMBER: AR20180014035 APPLICANT REQUESTS: in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a separation date of 10 September 1969, be corrected to show his active duty service during Operation Graphic Hand in 1970. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter from his wife, undated 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, in effect, his assigned unit was the Army Reserve Company, Jamaica, NY, in 1970 and he was called to active duty. He contends he reported for duty to the Reserve Center as order. 3. On 8 December 1967, the applicant enlisted in the United States Army Reserve (USAR) for a period of six years and was ordered to initial active duty for training on 8 May 1969. He completed basic combat and advanced individual training and was awarded the MOS 54A (Chemical Operations Apprentice). 4. On 10 September 1969, the applicant was released from active duty to the USAR after his completion of training. His DD Form 214, item 22b (Total Active Service) shows he completed 0 years, 4 months, and 2 days of active service. 5. A review of the applicant's military record provides the following documents or evidence of record, which shows he was ordered to active duty: * Letter Orders 3 – 01, 140th Field Service Company, dated 24 March 1970, provides: * "Period: 24 months unless sooner relieved or extended" * Place of entry on active duty: 2LT T.J. McDonald USAR Center, 168-10 Goethals Avenue, Jamaica, NY 11432 * Authority: Letter Order (LO) Number 3 – 131, Headquarters, First United States Army, dated 24 March 1970 * DD Form 220 (Active Duty Report), dated 22 August 1970, provides: * item 6 (Effective Date of Entry on Active Duty/ACDUTRA (Active Duty Training)): 8 August 1970 * item 9 (Date Tour of Duty Terminated): 22 August 1970 * item 11 (Length of Tour): 15 days * DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments) list his active duty periods pursuant to LO 3 – 131, dated 24 March 1970 [Ordered to Active Military Service] as 24 March 1970 through 26 March 1970 [Released from Active Duty] 6. The applicant provides a letter which shows his wife states, in effect, he was ordered to active duty for the purpose of a mail strike and did report to his USAR unit located in Jamaica, Queens, NY, in March 1970. 7. The applicant's record is void of orders or evidence which shows he was ordered to active duty for a military operation designated as "Operation Graphic Hand." 8. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. This regulation states, in pertinent part, that a DD Form 214 will be issued at the time of separation to each member of the Reserve components, and the Army of the United States (AUS) without component, called or ordered to active duty or active duty for training (ACDUTRA) for a period of 90 days or more. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the record of active duty time (training), subsequent orders calling him to active duty for 15 days and the regulatory guidance for issuance of a DD Form 214. The Board determined that the 15 days records on the Active Duty Report occurred after the period of service on his DD Form 214 and did not warrant the issuance of another DD Form 214 due to the short period of time involved. The Board determined that there was insufficient evidence to support the requested correction to the applicant’s records. 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 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-1 provides that unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status. Entry-level for a Soldier ordered to IADT for one continuous period is defined as terminating 180 days after beginning training. b. Paragraph 5-3 establishes policy and prescribes procedures for separating members for Secretarial Authority convenience of the government. Separation under this paragraph is the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the best interest of the Army. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary’s approved designee as announced in updated memorandums. 3. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. a. The regulation states, in pertinent part, that a DD Form 214 will be issued at the time of separation to each member of the Reserve components, and the Army of the United States (AUS) without component, called or ordered to active duty or active duty for training (ACDUTRA) for a period of 90 days or more. b. Army Regulation 635-5 directs, in pertinent part, that when a DD Form 214 is administratively issued or reissued the entry: “DD Form 214 administratively issued/reissued on (date).” will be entered in Item 18 (Remarks) on all copies unless the appellate authority, Executive Order, or the Secretary of the Army directive specifies otherwise. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows the separation program designator "MFF" (voluntary) specifies the narrative reason for discharge as "Secretarial Authority" and that the authority for discharge under this separation program designator is Army Regulation 635-200, paragraph 5-3. 5. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve. The regulation prescribed basic eligibility for prior service applicants for enlistment that included a list of Armed Forces RE codes. ABCMR Record of Proceedings (cont) AR20180014035 2 1