IN THE CASE OF: BOARD DATE: 17 May 2022 DOCKET NUMBER: AR20210017255 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his last two years of service in the U.S. Army Reserve (USAR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment Record – Armed Forces of the United States) * DD Form 214 * 7 Annual or Terminal Statements of Retirement Points covering the period 15 February 1965 to 14 February 1969 * Certificate of Training * letter from the U.S. Army Human Resources Command (HRC) Veterans Inquiry Branch, dated 9 June 2021 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 needs to have his last two years of service added to his DD Form 214. His DD Form 214 only includes his first four years of points. He is trying to obtain a mortgage through the Department of Veterans Affairs but it was denied because of the missing two years of service from 1969 to 1970. He served the entire six years but only received credit for four years. He cannot obtain benefits without the correction being made. He also trying to obtain health benefits. 3. The applicant enlisted in the USAR on 15 February 1965 for a period of six years. 4. The applicant's DD Form 214 shows he entered initial active duty for training (IADT) on 16 March 1965 and that he was released from IADT and transferred to the USAR on 15 August 1965 to complete his remaining USAR obligation of 5 years and 6 months. 5. Orders issued on 21 February 1971 directed the applicant's honorable discharge from the USAR effective 14 February 1971 by reason of expiration term of service. 6. There is no evidence in the applicant's available records indicating he performed continuous active duty service in excess of 90 days after his release from IADT on 15 August 1965. 7. The documents provided by the applicant do not show he performed continuous active duty service in excess of 90 days after his release from IADT. 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. Aside from his active duty for training, from 16 March 1965 to 15 August 1965, the Board did not find sufficient evidence in the record or provided by the applicant to show he served any other period of active duty that would have warranted the issuance of a second DD Form 214. The DD Form 214 is a record continuous active service. 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 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 635-5 (Separation Documents), in effect at the time of the applicant's discharge from the USAR, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation also states that a DD Form 214 will be prepared for USAR personnel after completing 90 days or more of continuous active duty or after completing IADT which resulted in the award of a military occupational specialty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017255 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1