ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20190002286


APPLICANT REQUESTS:  in effect, correction to his DD Form 214 (Report of 
Separation from Active Duty) ending on 1 February 1974 to show 3 years of net active 
service for that period instead of 2 years, 11 months, and 28 days.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Army National Guard Retirement Points History Statement
*	email correspondence with Maine Army National Guard (MEARNG)
*	screenshot of electronic database

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, through his spouse, the following:

*	item 18e of the DD Form 214 should show 3 years of service
*	the calculations were added incorrectly, which shorts his total time of prior active 
service
*	with this being corrected, as well as missing time for his service in the Air Guard 
and Army National Guard, he should be eligible for non-regular retirement
*	he feels that the calculations were added incorrectly which shortens his total 
amount of Prior Service for pay, and with this correction, it should make him 
eligible for a US Army National Guard retirement
*	although it has been many years, he served thinking he would be eligible for 
retirement, so it is disheartening that he would not be receiving retirement due to 
miscalculations of time and paperwork errors
*	he is almost 67 years of age and not in the best of health; if this correction makes 
him eligible for retirement, it would help him and his spouse

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

*	4 February 1971 – enlisted in the Regular Army for 3 years
*	1 February 1974 – honorably released from active duty since the applicant’s 
expiration of term of service (ETS) of 3 February 1974 fell on a Sunday

4.  His service record contains a DA Form 2496 (Disposition Form) wherein the 
applicant requests release from active duty on 1 February 1971.  He states his ETS 
date is 3 February 1974.  Special Orders Number 22, issued by Headquarters, III Corps 
and Fort Hood, Fort Hood, TX, dated 31 January 1974, relieved him from active duty 
effective 1 February 1974, and transferred him to the U.S. Army Control Group (Annual 
Training) on 2 February 1974.

5.  The applicant provides:

*	DD Form 214 which shows in item 18a (Net Active Service This Period), 
“2 years, 11 months, and 28 days”
*	Army National Guard Retirement Points History Statement which shows for the 
period covered on the DD Form 214 he was credited with the following points: 

*	from 4 February 1971 to 3 February 1972 – 365 points, for 1 qualifying year of 
service
*	from 4 February 1972 to 3 February 1973 – 366 points (for leap year), for 
1 qualifying year of service
*	from 4 February 1973 to 1 February 1974 – 363 points, for 11 months and 28 
days of service

*	email correspondence with the retirement points accounting manager of the 
MEARNG which explains how to request correction of military records
*	screenshot of unknown electronic database which shows the applicant was listed 
as “incompetent” and his spouse is named his custodian

6.  Army Regulation 635-10 (Processing Personnel for Separation) states that upon 
completion of preprocessing procedures, if the scheduled date of separation falls on a 
Saturday, Sunday, or holiday and the member consents, the member will report not 
later than 0800 hours on the workday immediately preceding the scheduled date of 
separation, nor earlier than 0800 hours on the second workday preceding the 
scheduled date of separation.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board discussed the applicant’s service, the date of his 
separation, his ARNG point statement showing 12 years, 11 months and 13 days of 
creditable service for retirement and the lack of documentation of other service 
component service calculations.  The Board determined that there was no error in the 
length of active duty service shown on his DD Form 214 dated 1 February 1974 and 
found no means to add to that period of service.   

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 635-10 (Processing Personnel for Separation) Chapter 3 
(Processing of Personnel for Final Separation) establishes uniform procedures for final 
processing of personnel at established transfer points, and for processing.  Paragraph 
3-2 (Reporting time and place of processing) states that upon completion of 
preprocessing procedures, all members will be directed to report to the appropriate 
transfer activity not later than 0800 hours on the scheduled date of separation (ETS, 
mandatory release or retirement date), or, if the scheduled date of separation falls on a 
Saturday, Sunday, or holiday and the member consents, not later than 0800 hours on 
the workday immediately preceding the scheduled date of separation, nor earlier than 
0800 hours on the second workday preceding the scheduled date of separation.

ABCMR Record of Proceedings (cont)	 AR20190002286

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