IN THE CASE OF: BOARD DATE: 22 September 2021 DOCKET NUMBER: AR20210006084 APPLICANT REQUESTS: reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 February 1960 to show his effective date of separation as 2 February 1964. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Enclosure 1 – DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), 23 November 2020 * Enclosure 2 – Army Board for Correction of Military Records (ABCMR) Letter, 18 May 2011, with ABCMR Docket Number AR20100027128, 17 May 2011 * Enclosure 3 – Applicant's Letter to the Army Review Boards Agency, 23 November 2020 (16 pages – original application letter, redated) * Enclosures 4 and 5 – Medical Documents * Enclosure 6 – Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, Memorandum (Fulfillment of Reserve Obligation), 7 June 1960 * Enclosures 7 and 8 – Medical Documents * Enclosure 9a – Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, Special Order Number 20, 10 February 1961 * Enclosure 9b – Army of the United States Honorable Discharge Certificate, 10 February 1961 * Enclosure 10 – DD Form 214 * Enclosure 11 – Department of Veterans Affairs (VA) Decision Review Officer Decisions, 30 May 2007 and 14 July 2014 * Enclosure 12 – Applicant's Letter to the Commander, Fort George G. Meade, MD, 31 July 2002 * Enclosure 13 –Medical Centers Letter, 6 November 2003 * Enclosure 14 – Applicant's Letter to the President, 10 September 2004 * Enclosure 15 – National Personnel Records Center Letter, 17 November 2004 * Enclosure 16 – Applicant's Letter to the VA, 2 April 2006 * Enclosure 17 – VA Decision Review Officer Decision, 30 May 2007 * Enclosure 18 – Physician's Letter, 23 September 2007 * Enclosure 19 – Physician's Letter, 3 November 2008 * Enclosure 20 – VA Rating Decision, 27 May 2009 * Enclosure 21 – VA Board of Veterans' Appeals Letter, 3 June 2020 * Enclosure 22 – VA Medical Records * Enclosure 23 – VA Decision Review Officer Decision, 14 July 2014 * Enclosure 24 – Medical Records, 22 June 2018 * Enclosure 25 – Physician's Letter, 16 October 2018 * Enclosure 26 – Medical Records, 11 July 2018 * Enclosure 27 – VA letter, 4 November 2020 * Enclosure 28 – Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, Special Orders Number 20, 10 February 1961 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100027128 on 17 May 2011. 2. The applicant states item 11d (Effective Date) of his DD Form 214 for the period ending 2 February 1960 should show his expiration term of service (ETS) date of 2 February 1964. a. He provides more documents since his first request in 2010. He is a 100-percent disabled veteran with two medical conditions consisting of high blood pressure and an irregular heartbeat that occurred in the Army. His separation date should be 1964 since he had to fulfill his additional military service in the U.S. Army Reserve (USAR). b. While serving in the USAR, he was given a medical examination and was told he was unfit for retention in the USAR and that he would receive a full Army discharge. He provides numerous medical documents outlining his conditions, both military and civilian, as well as medical documents from the VA. He has continued to receive medical treatment for these conditions from civilian and VA doctors. Due to his medical conditions, he cannot serve in the Army anymore. He believes his ETS date should reflect his USAR service due to his medical conditions. c. In his previous ABCMR case he stated he is a Vietnam Era veteran, but he cannot be classified as such because his discharge date is wrong. 3. The applicant was inducted into the Army of the United States (AUS) on 3 February 1958 at the age of 23. His DD Form 47 (Record of Induction) contains an Acknowledgement of Service Obligation. He dated and signed this form on 3 February 1958 and noted the following: I, [Applicant], having been inducted into the Army of the United States on this 3rd day of Feb[ruary] 1958 for 2 years [of] active duty, acknowledge that I have been informed of my service obligation. I understand that upon completion of my term of active duty, I will, if qualified, be transferred to the Army Reserve and required to serve therein for a period, which, when added to my active duty service, totals 6 years, unless sooner discharged in accordance with standards prescribed by the Secretary of Defense; that I will be required to serve a period in the Ready Reserve, which when added to my active duty service, totals 4 years; that I may then upon my written request, be transferred to the Standby Reserve for the remainder of my obligated period of service. I further understand that during my service as a member of the Ready Reserve I will be required to attend not less than 48 scheduled drills or training periods are not more than 17 days of active duty for training annually, or that in lieu thereof, when authorized, I may be required to perform 30 days of active duty for training annually; that failure to perform additional active duty for training for 45 days for that year, and in having my service in the Ready Reserve extended involuntarily. 4. Headquarters, First U.S. Army Recruiting District Letter Orders 8-333, 3 February 1958, show he was inducted into the AUS at the U.S. Army Recruiting Main Station, New York, in the rank/grade of private/E-1 for a period of 24 months, unless sooner discharged by proper authority, on 3 February 1958 with an ETS of 2 February 1960. 5. Headquarters, Fort George G. Meade, Special Orders Number 22, 29 January 1960, released him from active duty not by reason of physical disability on 2 February 1960 and further assigned him to the USAR Control Group (Annual Training), II U.S. Army Corps, Camp Kilmer, NJ. 6. His records contain no evidence indicating he was referred for processing through the Army's Physical Disability Evaluation System (now known as the Integrated Disability Evaluation System), prior to being released from active duty. 7. He was honorably released from active duty on 2 February 1960 by reason of ETS under the provisions of Army Regulation 635-200 (General Provisions for Discharge and Release). He completed 2 years of net active duty service during this period. His DD Form 214 shows in: * item 11d (Effective Date) – 2 February 1960 * item 16 (Date Inducted) – 3 February 1958 * item 17 (District or Area Command to Which Reservist Transferred) – II U.S. Army Corps * item 18 (Terminal Date of Reserve Obligation) – 2 February 1964 * item 24a (Net Service This Period) – 2 years 8. His records contain no evidence nor does he provide any evidence showing he performed active duty service after 2 February 1960. 9. Headquarters, II U.S. Army Corps, Special Order Number 20, 10 February 1961, discharged him from the USAR effective 2 February 1960 under the provisions of Army Regulation 140-178 (Enlisted Separation and Reports of Death). 10. His Honorable Discharge Certificate shows he was honorably discharged from the AUS on 10 February 1961. 11. On 17 May 2011, the ABCMR denied his request for correction of his records to show he was released from active duty effective 2 February 1964. The Board determined his VA ruling concerning his service-connected disability had no impact on his dates of active duty service. 12. The applicant provided medical documentation in support of his request. a. Numerous military medical documents from 1958 through 1961 show he was treated for several medical conditions, to include high blood pressure. There are civilian medical documents after his release from active duty and discharge from the USAR showing diagnoses of high blood pressure and an irregular heartbeat. b. The VA Decision Review Officer Decision, 30 May 2007, notes he was a peacetime veteran and served in the Army from 3 February 1958 to 2 February 1960. The decision notified him of a previous error and awarded him a 10-percent service- connected disability rating for hypertension (high blood pressure) effective 26 March 2004. c. The VA Decision Review Officer Decision, 27 May 2009, continued his 10-percent disability rating for hypertension and continued his 60-percent disability rating for heart murmur with mitral valve prolapse. His entitlement to individual unemployability was granted effective 1 September 2007. d. On 3 June 2010, the Board of Veterans' Appeals reviewed his case and the findings ordered as: (1) his July 1962 rating decision, which denied service connection for hypertension, was not clearly and unmistakably erroneous and (2) his April 1964 rating decision, which denied service connection for hypertension, contained clear and unmistakable error, the appeal is granted. e. The VA Decision Review Officer Decision, 14 July 2014, notes his evaluation of systolic heat murmur with mitral valve prolapse was increased from 60 percent to 100 percent effective 24 January 2013. f. The VA letter, 4 November 2020, informed him of his 100-percent service- connected disability rating effective 1 December 2019. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not 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, his record of service and documents provided by the applicant. Evidence of record shows, at the time of separation, documentation supports the separation date properly identified on the DD Form 214. The Board concluded there was insufficient evidence of an error or injustice which would warrant a change in the separation date requested by the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20100027128 on 17 May 2011. 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. Army Regulation 635-200 (General Provisions for Discharge and Release), 8 April 1959, provided for the discharge of enlisted personnel upon expiration of term of enlistment and set forth the general provisions governing the release from active duty of enlisted and inducted persons prior to ETS. 2. Army Regulation 140-178 (Enlisted Separation and Reports of Death), 6 June 1960, provided general provisions governing discharge of enlisted members from the USAR. This regulation also provided procedures for reporting the death of enlisted members of the USAR. 3. Army Regulation 635-5 (Separation Forms), 11 January 1960, prescribed the forms to be used in the separation of Army personnel and were applicable to all officer and enlisted personnel on active duty. The forms also apply to certain members of the Reserve Components on active duty for training. Appendix 11 contained the instructions for completing the DD Form 214. These instructions stated for: a. item 11d (Effective date), enter the date separation is accomplished. Date of separation is that date so specified in separation orders or the termination date of self- executing active duty for training orders; and b. item 18 (Terminal Date of Service Obligation), if the individual (other than Army National Guard personnel on active duty for training) incurred a service obligation under Title 10, U.S. Code, subsection 651a (formerly the Universal Military Training and Service Act), and is being returned to State control as a member of the Army National Guard or is being transferred or returned to the USAR for the purpose of satisfying the obligation, enter the date (day, month, and year) such service obligation should terminate. Time lost while on active duty does not extend the period of service obligation incurred. 4. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, appointment, retention, separation, and retirement. Chapter 3 (Medical Fitness Standards for Retention and Separation, including Retirement) provides guidance on the various medical conditions and physical defects that may render a Soldier unfit for further military service and that fall below the standards required for service. 5. Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a VA rating does not establish error or injustice on the part of the Army. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The VA does not have the authority or responsibility for determining physical fitness for military service. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability. These two government agencies operate under different policies. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006084 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1