ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 October 2019 DOCKET NUMBER: AR20190010304 APPLICANT REQUESTS: in effect, that he be issued a DD Form 214 [Armed Forces of the United States Report of Transfer or Discharge] for his service as a West Point Cadet. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement, dated 11 July 2019 * Member of Congress letter to the applicant advocating his inquiry, dated 28 May 2019 * U.S. Army Human Resources Command (AHRC) letter to the applicant's Member of Congress, dated 25 June 2019 * Member of Congress letter to the applicant, dated 28 June 2019 * Office of The Adjutant General, Department of the Army letter to the applicant, dated 24 May 1971 (front page only) * DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 6 July 1971 * Special Orders Number 129, dated 6 July 1971 * Special Orders Number 7, dated 18 January 1972 (one-page only) * Special Orders Number 19, dated 15 May 1972 * Letter of Appreciation, dated 24 May 1972 * Special Orders Number 64, dated 27 June 1972 * Special Orders Number 65, dated 2 April 1973 * DA Form 20 (Enlisted Qualification Record), (one-page only (Record of Assignments) * Two generic letters from the Department of Veterans Affairs (VA), dated May 2006 and August 2006 respectively 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 (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 he was active military during his time of service, received regular pay and a promotion to specialist four (SP4) prior to entering West Point. He received an honorable discharge from West Point as a result of a medical disability sustained at the academy. He initially enlisted in the Reserve as active duty and was assigned to Fort Dix, NJ. He did receive a DD Form 214 when discharged, attended college on the GI Bill, received some medical services, and received points on his state police entrance exam. During a move copies of his DD Form 214 were misplaced and lost, and when he requested a new copy was told he was not entitled to that document. 3. The applicant enlisted in the United States Army Reserve (USAR) Control Group Delay Entry on 6 July 1971 for the purpose of attendance at the "Military Academy Preparatory School." The DD Form 4 shows in: * Block 13 (Term of ACDU (Active Duty) (Reserve only)), "24 months" * Block 14 (Active/Inactive Status (Reserve only)), a check mark in the "Inactive Duty" box 4. The applicant's available records contains: a. Special Orders Number 129, issued by the Armed Forces Examining and Entrance Station, Pittsburgh, PA, dated 6 July 1971 assigned the applicant to the USA Reception Station, Fort Dix, NJ with a reporting date of 6 July 1971. It further states: * he enlisted for the U.S. Military Academy Prep School * he had an active duty commitment of 2 years * his component was USAR b. Special Orders Number 7, issued by Headquarters, U.S. Military Preparatory School, Fort Belvoir, VA, dated 18 January 1972 appointed/promoted him to SP4 effective 18 January 1972 and a date of rank of "NA." c. General Orders Number 19, issued by Headquarters, U.S. Military Preparatory School, Fort Belvoir, VA, dated 15 May 1972 awarded him the Army Good Conduct Medal for the period 6 July 1971 through 2 July 1972. d. Special Orders Number 64, issued by Headquarters, U.S. Military Preparatory School, Fort Belvoir, VA, dated 27 June 1972 directed his assignment to Cadet Detachment, 1st Battalion, 1st Infantry, United States Military Academy (USMA), West Point, NY with a report date of 2 July 1972. e. Special Orders Number 65, issued by Headquarters, USMA, West Point, NY, dated 2 April 1973 honorably discharged him under the authority of Army Regulation 635-40 (Personnel Separations – Physical Evaluation for Retention, Retirement, or Separation), paragraph 5-8e (5), by reason of physical disability effective 29 March 1973 with an SPN (Separation Program Number) code of "278" representing a physical disability that existed prior to service. It further noted his total number of months enrolled in USMA prior to termination of appointment was 9 months and his name was dropped from all rolls. 5. The applicant provides in addition to above: a. A letter from his Member of Congress, dated 28 May 2019 stating that the Member of Congress received his records from the National Personnel Records Center (NPRC) and sent an inquiry to AHRC for issuance of a DD Form 214. b. A letter from Chief, Veterans Inquiry Section, Human Resource Service Center, AHRC to the Member of Congress, dated 25 June 2019 stating AHRC was unable to determine if a DD Form 214 was warranted for the applicant's time at USMA and referred the applicant to the ABCMR. c. A letter (front page only) from the Officer of The Adjutant General, dated 24 May 1971 informing the applicant he was academically and medically qualified for enlistment in the U.S. Army for the purpose of attending the Military Academy Preparatory School at Fort Belvoir, VA in August 1971. It further provided him instructions including to enlist in the Army Reserve. d. Section 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record), showing his service. e. A letter of appreciation, dated 24 May 1972 while at the Military Academy Preparatory School, and two generic VA letters, dated May and August 2006 providing Veterans information about the possibility of exposure of personal information due to a laptop theft. 6. Army Regulation 635-5 (Personnel Separations – Separation Documents), dated 23 May 1972 states it is applicable to cadets of the USMA and paragraph 1-13 states that upon satisfactory proof of the loss or destruction of any form authorized (including the DD Form 214), The Adjutant General will issue a replacement. 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 entry to USMA and the reason for his separation. The Board considered the review of his request by AHRC and the applicable Army policy. Based on a preponderance of evidence, the Board determined that the applicant should be provided a DD Form 214 or equivalent form documenting his service. 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: - Issuing him a DD Form 214 or appropriate replacement for the period of service ending 29 March 1973. 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 three 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 – Separation Documents), dated 23 May 1972, prescribes the separation documents that will be furnished each individual who is separated from the Army including ADT (active duty for training) personnel and cadets from the US Military Academy. It establishes standardized procedures for the preparation and distribution of these documents. Chapter 2 provides the instructions for the preparation of the DD Form 214. 3. Army Regulation 635-40 (Personnel Separations – Physical Evaluation for Retention, Retirement, or Separation), dated 15 May 1967 establishes policies and prescribes procedures for the physical disability evaluation of members of the Army for retention, retirement, or separation. Paragraph 5-8e (5) states to direct separation for physical disability without severance pay or transfer to the retired reserve because of a condition which was neither incurred nor aggravated during any period of service. // NOTHING FOLLOWS // ABCMR Record of Proceedings (cont) AR20190010304 6 1