ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 August 2019 DOCKET NUMBER: AR20180016224 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a separation date of 14 March 1970, item 22b (Total Active Service), to show he completed at least 24 months of active duty service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 15 July 1965 * DD Form 214, dated 14 October 1968 * DA Form 20 (Enlisted Qualification Record) * Letter Orders Number 12-1109426, dated 16 December 1970 * letter, Department of Veterans Affairs (VA) Health Eligibility Center, dated 18 October 2018 * letter, National Personnel Records Center, dated 22 September 2018 * hand written letter, 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 DD Form 214, which was used to obtain VA benefits, does not reflect his total active duty period of service. He believes the VA used other DD Forms 214, which do not show a total of 24 months of active duty service. He contends he was never in training in Italy because he lived in the field and was issued orders for Vietnam but did not have six months remaining in service at the time. He had 5 months and 2 weeks of service remaining and decided to stay in Germany. He desires a copy of the results of the report upon completion. 3. On 28 December 1964, the applicant enlisted in the United States Army Reserve (USAR) for a period of 6 years. 4. On 4 January 1965, the applicant was ordered to active duty training (ACDUTRA) and served a period of active duty from 26 January 1965 to 15 July 1965. His DD Form 214 shows: * item 11a (Type of Transfer or Discharge) – released to USAR * item 24a(1) (Net Service This Period) – 0 year(s), 5 month(s), and 20 day(s) * item 24 b (Total Active Service) – 0 year(s), 5 month(s), and 20 day(s) 4. Letter Orders (LO) Number A-9-1262, Headquarters, Fourth United States Army, dated 6 September 1968, shows the applicant's previous LO A-8-1474, which ordered him to active duty was amended to read his reporting date as 14 October 1968. 5. On 14 March 1970, the applicant was released from active duty and returned to USAR. His DD Form 214 shows: * item 12 (Last Duty Assignment and Major Command) – "HHC SIG BN 72 HHC USAREUR" * item 17c (Date of Entry) – 14 October 1968 * item 22a(1) (Net Service This period) 1 year(s), 5 month(s), and 1 day(s) * item 22c (Total Active Service) – 1 year(s), 11 month(s), and 21 day(s) 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 orders for active duty, his two DD Forms 214 and the dates of his release from active duty. The Board found no evidence of additional periods of active duty and the applicant provided none. Based on a preponderance of evidence, the Board determined that the applicant’s DD Forms 214 accurately reflect his periods of service and the total service does not add up to 24 months. 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, in pertinent part: a. Item 22a for enlisted personnel enter total service completed between the dates shown in items 10c or 17c and 11d of the DD Form 214. b. Item 22b enter total active service the individual has completed beginning with the earliest period of active service up to and Including current period of active duty, less any period served in the Army National Guard of the United States (ARNGUS) or USAR not on active duty, and less time lost under Title 10, USC, section 972. 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) AR20180016224 2 1