IN THE CASE OF: BOARD DATE: 12 November 2020 DOCKET NUMBER: AR20200002375 APPLICANT REQUESTS: issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show his 10 days of service during the period from 24 July 1967 to 2 August 1967 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 20 February 2013 * DD Form 149 (Application for Correction of Military Record), dated 23 December 2019 * Letter from Army Board for correction of Military Records (ABCMR) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 August 1967 * Email from Veterans Healthcare Administration (VHA) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 DD Form 214 has the active duty service dates crossed out, and contains corrections of those dates. This issue has created problems for him when he applied for veteran’s benefits, and according to the legal administrative specialist at the VHA, obtaining a corrected DD Form 214 and/or DD Form 215 would aid him in his future applications. 3. His DD Form 214 shows he received an honorable characterization of service for his active duty service from 24 August 1967 to 2 July 1967. The service was due to call-up executive order (EO) 11364, dated 24 July 1967. The form was annotated with changes to show his service of 10 days from 24 July 1967 to 2 August 1967. 4. On 20 February 2013, the applicant submitted a DD Form 149 requesting correction to his DD Form 149. He stated that he served during the Detroit riots for the 10 days per the Michigan Army National Guard (MIARNG) message 825091, dated 25 July 1967. 5. On 8 October 2013, the ABCMR responded to the 20 February 2013 application for the correction of his DD Form 214 to reflect the 10 days of active duty in 1967. The ABCMR indicated a review of his official records showed that a DD Form 214 was issued on 2 August 1967 to reflect the 10 days in question. The ABCMR returned the application without prejudice and without action taken by the Board. 6. In an email dated 23 December 2019, the VHA informed the applicant that his DD Form 214 needs to be officially corrected, and that crossing out is considered as altering of the official document. 7. The applicant’s complete service records are not available for review. Therefore, the applicant’s request is being considered with the available records provided by the applicant, and the following available official service records. 8. The applicant’s DA Form 66 (Officer Qualification Record) shows in item 18 (Record of assignments) that he enlisted in the Army National Guard on 15 November 1965. He entered active military service at Detroit Michigan from 24 July 1967 to 2 August 1967 pursuant to a Presidential call-up. He reverted back to the MIARNG at that time. 9. A DD Form 220 (Active Duty Report), dated 3 August 1967 with correction to 24 July 1967 shows the applicant was on an active duty tour from 24 July 1967 to 2 August 1967. The form notes the period of service was for the Detroit riots of 1967. 10. A DD Form 214 shows he received an honorable characterization of service for his active duty service from 24 August 1967 to 2 July 1967. The form was annotated with changes to show his service of 10 days from 24 July 1967 to 2 August 1967. 11. There is no available evidence of record showing the DD Form 214 was officially corrected, or that a DD Form 215 correcting the DD Form 214 was previously issued. 12. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing the form, specific instructions for completion of the form, and the distribution of the DD Form 214. 13. Army Regulation 635-8 (Separation Processing and Documents) this is a new regulation prescribing policy and procedural guidance explaining separation document preparation, distribution, and correction. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board found the record confirms the applicant’s service from 24 July through 2 August 1967 and noted the unauthorized method used to correct his DD Form 214 to correct the inversion of his month of entry and month of separation from active duty. In the interest of avoiding further confusion that may be caused by issuing a DD Form 215, the Board determined the appropriate remedy would be to reissue his DD Form 214 for the period ending 2 August 1967. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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 reissuing his DD Form 214 for the period ending 2 August 1967, ensuring the date of entry is recorded as 24 July 1967 and the effective date of separation is recorded as 2 August 1967. 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, United States Code, 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 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The specific instructions for completion of the form prescribes the following: * typographical errors in words and abbreviations only may be corrected by erasure and overtype, provided corrections are neat and legible, and do not penetrate or smear the form * corrections will be initialed on all copies by the authenticating officer * the form will be redone in all other instances of error. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance explaining separation document preparation, distribution, and correction. * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) is prepared in response to a request for a Soldier or Veteran to correct a previously issued Army DD Form 214 * Requests should contain a copy of the DD Form 214 in question and source documents that substantiate the request * On direction of the Army Board of Correction of Military Records (ABCMR) or Army Discharge Review Board (ADRB), the Deputy Assistant Secretary of the Army, Army Review Boards Agency (ARBA) is authorized to issue or reissue DD Forms 214 and DD Forms 215 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002375 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1