ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 November 2020 DOCKET NUMBER: AR20200009189 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 30 March 1970 to show an honorable characterization of service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 1970 DD Form 214 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 (he was federally activated for the U.S. mail Strike from 24 March 1970 to 30 March 1970. In block 13a (Character of Service) of his DD Form 214 the entry is blank. It should k show honorable. 3. Review of the applicant's service records shows: a. He enlisted in the New York Army National Guard (NYARNG) on 27 July 1968. b. He entered active duty for training (ACDUTRA) on 21 August 1968 and completed training for award of a military occupational specialty. c. He was honorably released from ADT on 21 December 1968 and was issued a DD Form 214 that captured his 4 months of active duty. d. He was ordered to active duty on 24 March 1970 by Letter Orders 30132 issued by First U.S. Army. e. He was released from active duty on 30 March 1970 by authority of General Orders Number 112, issued by First U.S. Army. His DD Form 214 show he competed 7 days of active service. Block 13a (Character of Service) contains a blank entry. Block 30 (Remarks) states "This abbreviated form issued to Army National Guard members per Appendix A, AR 135-20 f. He was honorably separated from the NYARNG On 26 July 1973 and transferred to the U.S. Army Reserve. 4. By regulation (AR 635-5), in effect at the time, 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. The information entered thereon reflects the conditions as they existed at the time of separation. 5. By regulation (AR 135-20), Appendix A contains information on personnel and administrative processing procedures for the release of members of the ARNG called to active duty with the military services of the United States because of civil disturbances when such release is directed by Headquarters Department of the Army. The DD Form 214 will be prepared in accordance with AR 635-5, but the following items will be modified as indicated: Enter "N/A" in items 4, 6, 7, 8, 9, 10a, b and c, 12, 13b, 14, 15, 16, 17b, 18, 19, 21, 22a (2) and (3), 22b and c, 23a, and b, 25, 27a, b, and c, 29. For Item 30, enter "This abbreviated form issued to Army National Guard members per appendix A, this AR" on all abbreviated DD Forms 214 issued. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and his record of service and documents provided by the applicant. Evidence in the records show the applicant was released from active duty and transferred back to his ARNG unit of assignment, based on regulatory guidance the applicant’s DD Form should reflect his characterization of service as Honorable. They Board found sufficient evidence to grant relief. 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 reissuing the applicant a DD Form 214 ending in the period of 30 March 1970, showing his characterization of service as honorable. X 1/13/2021 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. 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 upon 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. For Item 13a, enter one of the following in capital letters. "HONORABLE," "UNDER HONORABLE CONDITIONS," "UNDER CONDITIONS OTHER THAN HONORABLE," "DISHONORABLE." Normally, only the word "HONORABLE" may be used if an officer is released from active duty and reverts to USAR control, or, in case of an officer of the Army National Guard who returns to State control. When an enlisted person is transferred or returned to a Reserve component, enter either "HONORABLE" or "UNDER HONORABLE CONDITIONS" whichever is appropriate. However, for individuals who are undergoing investigation as alleged security risks under the provisions of AR 604-10, at the time of separation, the words "TO BE DETERMINED" will be entered when directed by The Adjutant General. When the investigation has TERMINED" will.be made in other individual cases only when directed by The Adjutant General, who upon final disposition of the case, will render the appropriate characterization. 3. Army Regulation 135-20 (Reserve Components, Release from Active Duty, Reserve Components), in effect at the time, prescribes procedures and administrative instructions for the release of units and personnel of the Army National Guard of the U.S. (ARNGUS) and the United States Army Reserve (USAR) from active duty. Appendix A contains information on personnel and administrative processing procedures for the release of members of the Army National Guard called to active duty with the military services of the United States because of civil disturbances when such release -is directed by Headquarters Department of the Army. The DD Form 214 (Report of Separation from the Armed Forces of the United States) will be prepared in accordance with AR 635-5, but the following items will be modified as indicated: Enter "N/A" in items 4, 6, 7, 8, 9, 10a, b and c, 12, 13b, 14, 15, 16, 17b, 18, 19, 21, 22a (2) and (3), 22b and c, 23a, and b, 25, 27a, b, and c, 29. For Item 30, enter "This abbreviated form issued to Army National Guard members per appendix A, this AR" on all abbreviated DD Forms 214 issued. //NOTHING FOLLOWS//