ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 January 2020 DOCKET NUMBER: AR20190008903 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 February 1960 to show 10 months of service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 his last 10 months of service at Fort Ord, California is "missing" from his DD Form 214. During that period he was attached to a headquarters company and assigned to the brigade pistol team where he served with distinction. His duty performance on the pistol team has affected his hearing reducing it considerably because little was known at the time about the deleterious effects of nearby loud sounds. He wants this information included on his DD Form 214. 3. The applicant was inducted into the Army of the United States for a 2-year term of service on 19 February 1958 as recorded on his DD Form 47 (Record of Induction). His first and only duty station was Fort Ord, California. He completed his initial entry training receiving military occupational specialty code 716.10 (Personnel Specialist). During his various unit assignments he performed the duties of a personnel clerk. 4. A review of his DA Form 24 (Service Record), Section 4 (Chronological Record of Military Service) shows the following assignments after he completed training: * from 28 May to 20 July 1958, Headquarters (HQ) Company (CO), U.S. Army Training Center (Infantry) * from 21 July to 23 September 1958, HQ CO, U.S. Army Combat Development Experimentation Command * from 24 September 1958 to 7 January 1959, Service Battery, 1st Howitzer Battalion, 19th Field Artillery * from 8 January to 1 February 1959, HQ and HQ CO, U.S. Army Combat Development Experimentation Command * from 2 February 1959 to 18 February 1960, HQ and HQ CO, 4th Brigade 5. On 16 February 1960, Headquarters, U.S. Army Training Center, Infantry and Fort Ord, California published Special Orders Number 38 releasing him from his assignment at HQ and HQ CO, 4th Brigade on 18 February 1960 and transferring him to the U.S. Army Reserve (Control Group) to complete his remaining statutory service obligation of 4 years. 6. Concurrent with his pending release from active duty, he underwent a medical examination. Within his personnel record is a copy of DA Form 1811 (Physical and Mental Status on Release from Active Service) showing he had no profile restrictions and at the time of release no hearing impairments. He was found physically qualified for separation. 7. In accordance with Special Orders Number 38 he was released from active duty on 18 February 1960 upon the completion of 2 years of active service. He was issued a DD Form 214 documenting his active service and transferring him to the U.S. Army Reserve. His reserve obligation terminal date is shown as 18 February 1964. His military specialty number is shown as 716.10. 8. On 31 January 1964, Headquarters, Department of the Army published letter orders discharging him from the U.S. Army Reserve effective the same date. 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, his DA Form 24 showing the units of assignment after training all at Fort Ord, his assignment to Headquarters and Headquarters Company, results of his separation medical exam, the reason for his separation and his Reserve Component service obligation. The Board found insufficient evidence of any absence of the applicant’s service time on his DD Form 214 and found his last unit as requested at Fort Ord. Based on a preponderance of evidence, the Board determined that the entries for service and unit on the DD Form 214 applicant received upon separation was 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 : : : 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the 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 (Personnel Separations – Administrative Separation Procedures and Forms) in effect at the time established uniform administrative procedures and separation forms used in connection with relieving a person from active duty or complete separation from military service. It states final separation orders will be issued for all personnel and an exit medical examination will be completed prior to release from active duty. The DD Form 214 will be issued at the time of release or separation to all officer and enlisted personnel who are discharged, retired, or relieved from active duty. The purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue as a result of active service. It states all available records will be used as a basis for preparation of the DD Form 214 including the DA Form 24, DA Form 20 (Enlisted Qualification Record), orders, DA Form 47, and other documents authorized for filing in the Soldier’s official military personnel record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008903 4 1