IN THE CASE OF: 

		BOARD DATE:  15 March 2022

		DOCKET NUMBER: AR20200008986


APPLICANT REQUESTS: a DD Form 214 (Armed Forces of the United States Report 
of Transfer or Discharge) for the period of active duty service from 7 June 1958 to 
28 August 1958.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Attendance
*	NGB Form 22 (Report of Separation and Record of Service)
*	Digital Privacy Release Form
*	Privacy Act Consent Form

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 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 is requesting a DD Form 214 to cover the active duty time 
performed while attending the Field Artillery National Guard Officer Candidate Course 
from 7 June 1958 to 28 August 1958. He was on Title 32 orders attending a military 
occupational specialty (MOS) producing school, and therefore believes he should have 
received a DD Form 214 for that time period. He has orders and a certificate of training 
as proof the service was completed. He received an email on 1 October 2020 from the 
Director Case Management Division Army Review Boards Agency case. Regarding 
updating his Army records to validate time served on active duty at Fort Sill in 1958 
(when he was an Enlisted member) in order to receive a DD Form 214. He retired in 
1998 with 42 years of service in the Pennsylvania Army National Guard (PAARNG) and 
served as the Assistant Adjutant General of PA and Commanding General of the 28th 
Infantry Division. His records were sent to the Agency by the PA Department of Military 
Affairs.

3.  The applicant provided:
*	Certificate of Attendance showing he attended the Field Artillery National Guard 
Officer Candidate Course from 16 June 1958 – 26 August 1958; although not 
graduated, he successfully completed the Tactics and Combined Arms sub 
course
*	Digital Privacy Release Form requesting the assistance of the Office of 
Representative B.D. to resolve the matter of his DD Form 214
*	Privacy Act Consent Form requesting the assistance of the Office of Senator 
M.R. to resolve the matter of his DD Form 214

4.  A review of the applicant’s service records shows:

	a.  The applicant’s enlisted records are not available for review. NGB Form 03D 
(Departments of the Army and the Air Force National Guard Bureau (NGB)) shows: the 
records of the NGB have been amended to incorporate the following in the current issue 
of the Official National Guard Register (Army): the applicant had enlisted service from 
26 September 1955 to 11 June 1966 (F-7 June 1958 to 27 August 1958) second 
lieutenant (2LT) Artillery 12 June 1966.

	b.  His DA Form 2-1 (Personnel Qualification Record) shows in block 35 (Record of 
Assignments): 19550926 – 19660611, ARNG enlisted service not on active duty and 
19660612 – 19741231 officer service not on active duty.

	c.  He was appointed as a commissioned officer on 12 June 1966 in the Field 
Artillery Branch in the PAARNG.

	d.  He attended the Artillery Officer Basic Extension Course with a certificate date of 
8 January 1968.

	e.  His Army National Guard Current Annual Statement prepared on 9 September 
1998, shows he had continuous service in the ARNG from 26 September 1955 thru 
11 June 1966. Key dates shows:

*	1958|09|26 thru 1959|09|25 (dates of contest) shows 113 career points
*	1966|06|11 last date of enlisted service
*	1966|06|12 date of commissioning
*	1998|08|31 date of retirement after 42 years, 11 months, and 5 days of 
creditable service for retired pay

	f.  NGB Form 22, shows he was released from the PAARNG and transferred to the 
Retired Reserve on 31 August 1998. It also shows he had prior reserve component 
service of 10 years, 8 months, and 16 days. He completed a total of 42 years, 11 
months, and 5 days of service.

5.  During the processing of this case an advisory opinion was received from the 
National Guard Bureau (NGB) in the processing of this case. The Deputy, Personnel 
Policy Division recommended disapproval. He also opined:

	a.  The retired officer states he did not receive a DD Form 214 while attending the 
Field Artillery National Guard Officer Candidate Course from 7 June 1958 to 28 August 
1958. He further states he was on Title 32 orders attending an MOS producing school 
and therefore believes he should receive a DD Form 214 for this time period.

	b.  Army Regulation 635-5, chapter 2, paragraph 1(a) (2) states a DD 214 is 
prepared for Reserve component soldiers completing 90 days or more of continuous 
active duty for training (ADT) Full-Time National Guard Duty (FTNGD), active duty for 
special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve 
(AGR) service.

	c.  In accordance with National Personnel Records Center, National Archives 
website(archives.gov), a DD Form 214 is issued when a service member performs 
active duty or at least 90 consecutive days of active duty training. The report of 
separation contains information normally needed to verify military service for benefits, 
retirement, employment, and membership in veteran’s organizations. The report of 
separation form that has been used since 1 January 1950 is the DD Form 214.

	d.  Upon coordination with the Pennsylvania Army National Guard (PAARNG), “The 
applicant was not on orders for more than 90 days and the sub course did not appear to 
result in the award of an MOS”. Due to the fact [Applicant] did not complete the required 
90 days of consecutive training while attending the Field Artillery Officer Candidate 
Course, this office recommends disapproval regarding his request. 

	e.  The PAARNG concurs with this recommendation. This opinion was coordinated 
with the U.S. Army Human Resources Command Center and the Army National Guard 
Human Resources Information Division.

6.  The applicant was provided a copy of the advisory opinion and provided an 
opportunity to respond. He did/did not respond.

7.  By regulation, (AR 635-5) in effect at the time, stated a DD Form 214 will not be 
issued for members of the Reserve components ordered to active duty for a period of 
90 days or less (except reservists ordered to 6 months’ active duty for training under AR 
140-220) will be furnished DD Form 214 upon release from active duty, regardless of 
the actual number of days served.

8.  By regulation, (AR 635-5) the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty. It provides a brief, clear-cut record of all current 
active, prior active, and prior inactive duty service at the time of release from active 
duty, retirement, or discharge. 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The Board carefully 
considered the applicants request and supporting documents. The applicant contends 
he did not receive a DD Form 214 while attending the Field Artillery National Guard 
Officer Candidate Course from 7 June 1958 to 28 August 1958. He further states he 
was on Title 32 orders attending an MOS producing school and therefore believes he 
should receive a DD Form 214 for this time period. Because the applicant was not on 
orders for more than 90 days and the sub course did not appear to result in the award of 
an MOS, the Board voted to deny relief. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

XX:	XX:	XX:	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, 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 ABCMR determines it 
would be in the interest of justice to do so.

2.  Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separations 
Procedures and Forms) in effect at the time, establishes the standardized policy for 
preparing and distributing the DD Form 214. The purpose of the separation document is 
to provide the individual with documentary evidence of his or her military service. The 
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty 
(emphasis added). It provides a brief, clear-cut record of active duty service at the time 
of release from active duty, retirement, or discharge, and is not intended to have any 
legal effect on termination of a Soldier's service. A DD Form 214 will be prepared for 
each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative 
separation (including separation by reason of retirement or expiration of term of 
service), physical disability separation, or punitive discharge under the Uniform Code of 
Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous 
ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of 
active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or 
physical disability regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. 
Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal 
service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of 
mobilization, when transitioned from active duty. A Soldier who reports to a mobilization 
station and is found unqualified for active duty will be excluded from this provision. He 
or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even 
when the active duty period was less than 90 days. This includes completion of 
advanced individual training under the ARNG of the United States Alternate Training 
Program or USAR Split Training Program.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200008986


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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