IN THE CASE OF:  

		BOARD DATE:  27 April 2022

		DOCKET NUMBER:  AR20210016741


APPLICANT REQUESTS:  issuance of a DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for honorable service performed during his enlistment.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552) dated 4 June 2021
*	Veterans Affairs (VA) Form 40-10007 (Application for Pre-Need Determination of 
Eligibility for Burial in a VA National Cemetery), dated 16 November 2019
*	Letter Orders Number NY-91, dated 31 January 1959
*	Personal Letter
*	Certificate of Training, dated 17 July 1959

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code (USC), 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 that he was never issued a DD Form 214 and is unable to prove 
veteran status to qualify for burial at a national cemetery.  

3.  The applicant's military records are not available to the Board for review. A fire 
destroyed approximately 18 million service members’ records at the National Personnel 
Records Center in 1973. It is believed his records were lost or destroyed in that fire.  
However, the National Personnel Records Center and the applicant provided sufficient 
documents to conduct a fair and impartial review of this case.  This case is being 
considered using those records.

4.  A review of the applicant’s available personnel records reflects the following: 

   a.	On 31 January 1959, Letter Orders NY-91, issued by the National Guard Bureau, 
ordered the applicant to active duty for training, effective 7 March 1959. 
   b.	On 3 September 1959, Special Orders Number 246, issued by Headquarters, 
U.S. Army Personnel Center, Fort Dix, NJ, released the applicant from active duty and 
returned him to his Army National Guard unit, effective 5 September 1959.

5.  The applicant provides the following:

	a.  VA Form 40-10007, dated 16 November 2019, wherein the applicant is 
requesting approval for burial in a Florida National Cemetery.

   b.  Letter Orders Number NY-91, dated 31 January 1959, for training at Fort Dix, 
New Jersey.

c.  Personal Letter detailing his request for the DD Form 214 and veteran status.

d.  Certificate of Training, Field Communications Crewman Course, dated 
17 July 1959, reflecting successful completion of the training.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was warranted. The Board carefully considered the applicant's record of service, 
documents submitted in support of the petition and executed a comprehensive and 
standard review based on law, policy and regulation.  Upon review of the applicant’s 
petition and available military records, the Board determined the applicant was awarded 
an military occupational specialty of Field Communications Crewman.  The applicant 
was release back to his NG unit on or about 5 September 1959.  The Board determined 
there was sufficient evidence to show the applicant served on active duty for his initial 
training and award of his military occupational specialty prior to being released back to 
his unit.  Therefore, the Board granted relief to issue the applicant a DD Form 214 for 
that period of service or a NA Form 13038 Certification of Military Service. 


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 issuing the applicant a 
DD Form 214 or a NA Form 13038 Certification of Military Service.


		  
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, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-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 prescribe forms 
to be used in the separation of Army personnel and are applicable to all officer and 
enlisted personnel on active duty. DD Form 214 will be issued at the time of separation 
to members of the Reserve components, including Army of the United States without 
component, who were ordered to active duty or active-duty training for 90 days or more
(or for an indefinite period), regardless of the actual number of days served, or who are 
being separated for physical disability (regardless of the number of days ordered to 
active duty), and to each member of the Regular Army.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210016741


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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