ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20190006462 APPLICANT REQUESTS:, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), item 11c (Reason and Authority), with a separation date of 26 November 1971. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter of appreciation, dated 23 October 1970 * letter of appreciation, Joint TACS/TADS Interface Test Force, dated 29 October 1971 * DD Form 214, dated 26 November 1971 * personal letter to the Board, 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, item 11c reads as though he was an "Early Release" from active for duty training (ACDUTRA). He contends he was not released from active duty until his regular "Honorable" discharge, on 26 November 1971, and he obtained the rank of Specialist (SPC/E-4), which would not have been achievable in that era of his service if he were a Reserve or National Guard Soldier. a. His county is prohibiting him from receiving a tax exemption, which is significant, due to the current item 11c entry for his DD Form 214. b. He requests clarification of the item 11c entry so he can receive the tax exemption to which he is entitled. 3. On 12 March 1970, the applicant enlisted into the Regular Army for a period of 2 years. He completed basic combat training and advanced individual training during his assignment to Fort Dix, NJ and was awarded the primary military occupational specialty (PMOS) 71A1O (Clerk). 4. On 23 October 1970, the applicant's PMOS 71A was withdrawn and he was awarded the PMOS 71B3O (Clerk – Typist). 5. Special Orders Number 227 EXTRACT, dated 26 October 1970, shows the applicant was ordered to report for an assignment, on 16 November 1970, to Headquarters, United States Army Missile Command (USAMICOM), Support Operations, Redstone Arsenal, AL with duty station Army Deputy Test Directorate Office Joint Interface Test Force TACS – TADS Fleet Anti – Air Warfare Training Center, San Diego, CA. He was ordered for assignment in the duty position MOS 71B3O. 6. On 18 October 1971, the applicant requested early separation from the Army to attend school. His request was approved for the separation date 26 November 1971 by the appropriate authority, on 18 November 1971. 7. On 26 November 1971, the applicant was honorably released from active duty. His DD Form 214 shows: * Item 5a (Grade, rate or Rank) – "SP4" * item 11c – "AR 635 – 200 SPN 413 Early Release of ACDUYTRA Trainee" * item 22a (1) (Net Service This Period) – 1 year, 8 months, and 15 days 8. The applicant provides a written letter to the Board, which states, in effect: a. He requests an official letter or memorandum, which specifies the dates for his active duty period(s) of service in the United States Army. b. He served on active duty from 12 March 1970 to 26 November 1971, however, the entry in item 11c of his DD Form 214, "Early Release of ACDUTRA Trainee" does not accurately reflect his release from active duty after completion of "Honorable" service in the Army. c. The current DD Form 214, as it reads, prohibits him from obtaining the benefits to which he is entitled. 9. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states, for item 11c, the authority for transfer or discharge will be entered in this item by reference to the appropriate regulation, circular, bulletin, special separation directive, statute, etc., followed by the separation program numbers (SPN) and descriptive reason for transfer or discharge (Appendix A). Additionally, Appendix A (Separation Program Numbers and Authority Governing Separations), Section II (By Regulatory Authority), Authority shows: * Regulatory – Army Regulation 635 – 200, Section VIII, Chapter 5 * SPN – 413 * Reason – "To accept or return to college, university, or equivalent educational institution." 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), then in effect, sets forth the basic authority for the separation of enlisted personnel. The regulation states for paragraph 5-20 (Separation to Attend School or to Accept Teaching Positions). This regulation provided that enlisted personnel may be discharged or released from active duty for the convenience of the Government in order to enter or return to school or to accept teaching positions when their services are not essential to the mission of their assigned organization. Commanders specified in paragraph 2-17a are authorized to order the separation for the convenience of the Government of enlisted personnel (other than Reserve component personnel on active duty for training) who have less than 3 months remaining in their required period of service. Individuals will be discharged, released from active duty and returned to the Army National Guard or Army Reserve, or released from active duty and transferred to the US Army Reserve, as appropriate. Authority (Army Regulation 635-200) and SPN 413 for separation will be 'included in directives or orders directing individuals to report to the appropriate transfer activity or unit personnel section designated to accomplish transfer processing for separation. 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 and the reason for his separation. The Board found evidence that the applicant was approved for early release to enter college and was honorably discharged as a result of that request. The Board considered the policy in place at the time of his separation and found that the reason on his DD Form 214 was in error. Based on a preponderance of evidence, the Board determined that a correction was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 for the period of service ending 26 November 1971 to reflect in item 11 c. (Reason and Authority) - “Army Regulation 635 – 200, Section VIII, Chapter 5, SPN – 413, To accept or return to college, university, or equivalent educational institution." 7/29/2020 X CHAIRPERSON 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, 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. Item 11c states except as indicated in b below, the authority for transfer or discharge will be entered in this item by reference to the appropriate regulation, circular, bulletin, special separation directive, statute, etc., followed by the SPN and descriptive reason for transfer or discharge (Appendix A). c. Appendix A (Separation Program Numbers and Authority Governing Separations), Section II (By Regulatory Authority), Authority shows: * Regulatory – Army Regulation 635 – 200, Section VIII, Chapter 5 * SPN – 413 * Reason – "To accept or return to college, university, or equivalent educational institution." 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), then in effect, sets forth the basic authority for the separation of enlisted personnel. The regulation states for paragraph 5-20 (Separation to Attend School or to Accept Teaching Positions): a. Enlisted personnel may be discharged or released from active duty for the convenience of the Government in order to enter or return to school or to accept teaching positions when their services are not essential to the mission of their assigned organization. Commanders specified in paragraph 2-17a are authorized to order the separation for the convenience of the Government of enlisted personnel (other than Reserve component personnel on active duty for training) who have less than 3 months remaining in their required period of service. b. Individuals will be discharged, released from active duty and returned to the Army National Guard or Army Reserve, or released from active duty and transferred to the US Army Reserve, as appropriate. Authority (Army Regulation 635-200) and SPN 413 for separation will be 'included in directives or orders directing individuals to report to the appropriate transfer activity or unit personnel section designated to accomplish transfer processing for separation.