IN THE CASE OF: 
BOARD DATE: 30 January 2023 
DOCKET NUMBER: AR20220006876 

APPLICANT REQUESTS: 
. 
correction of his records to show his total years of service 

. 
personal appearance before the Board via video/telephone 


APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record) 
FACTS: 
1. 
The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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's complete military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the ABCMR to conduct a fair and impartial review of this case. 

3. 
The applicant states, in effect: 


a. 
His service time is wrong. By changing his number to Regular Army, after requesting an extension after serving two years as a draftee assigned to the Army, it said he joined the Army as a Regular Army Soldier that erased his previous two years of service as part of the Artillery. 

b. 
The clerical error was discovered when he applied for a Department of Veteran Affairs (VA) loan. He was told he did not qualify for the loan after serving two years. He feels he should receive VA Benefits. 

c. 
He reported for Army duty in on 15 August 1960 and was then placed on a bus to Fort Ord, CA, and immediately assigned to basic training where he earned top sharpshooter. He then had another 8 weeks finishing first with the highest score in motor pool school. 

d. 
He was assigned as a crew chief of a small aircraft in Germany. His wife flew over to Germany on 20 July 1961 and they had a daughter on 20 June 1962 in Frankfurt, Germany. 

e. 
He was granted an extension at the end of the summer of 1962. He received a promotion to Specialist Five (SP5)/E-5. The Berlin Wall was just being built and the Vietnam War was just beginning. 

f. 
He's getting old and trying to find his documentation. There were two Lieutenants who were officers at the airstrip where he was stationed in Germany. He received a rank advancement to SP5 after receiving his extension. 

g. 
He found they changed his years of service and from a US number to a Regular Army number when he requested a copy of his release papers. He cannot find his original documents. The local VA only has the document from the 82nd Artillery and shows only the extension time of service. 


4. The applicant's service records contain the following documents for the Board's consideration: 
a. 
DD Form 47 (Record of Induction), which shows he was inducted into the Army on 19 August 1960 for two years. 

b. 
DA Form 20 (Enlisted Qualification Record), which shows in item 33 (Record of Assignments) he attended basic training on 25 August 1960 and continued in the Army until 21 December 1962. On 22 December 1962 he entered the U.S. Army Reserve (USAR) -Ready. 

c. 
DA Form 24 (Service Record) covers the period of 19 August 1960 through 20 December 1962. Section 2 (Reenlistment and/or Extension) shows he extended in Germany for 6 months on 20 August 1962. Section 4 (Chronological Record of Military Service) shows he was enroute to Fort Ord, CA, from 19 August 1960 to 24 August 1960. On 18 August 1962, he received an honorable discharge. On 19 August 1962 he was assigned to Headquarters Battery, 3rd Gun Battalion, 82nd Artillery and on 20 December 1962, he was transferred to the USAR. In Section 10 (Remarks) it states he was transferred to the USAR on 18 August 1962 and volunteered for active duty for six months as a reservist, effective 18 August 1962. 

d. 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was inducted into the Army on 19 August 1960 and was honorably released from active duty and transferred to the USAR on 18 August 1962. He had completed 2 years of active duty service. 

e. 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge shows he entered active duty on 19 August 1962 and was honorably released to the USAR on 21 December 1962. He had completed 4 months and 3 days of active duty service with 2 years of other service and a total of 2 years, 4 months, and 3 days of service. 

f. 
Reserve Special Orders Number 66, published by XV U.S. Army Corps, dated 3 April 1963 transferred the applicant to XV U.S. Army Corps Control Group (Reinforcement), effective 2 April 1963. 

g. 
Letter Orders Number 07-01223, published by XV U.S. Army Corps, dated 23 July 1965 transferred the applicant from XV U.S. Army Corps Ready Reserve to the 


U.S. Army Control Group (Standby), effective 31 July 1965. 
BOARD DISCUSSION: 
1. 
The applicant's request for a personal appearance was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance before the Board is not necessary to serve the interest of equity and justice in this case. 

2. 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was/was not warranted. The Board carefully considered the applicant’s contentions, the military record, and regulatory guidance. Documentation is void evidence of any further period of service and the applicant provided none on behalf of the request. Based on the preponderance of the evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 


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 determined 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, USC, 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. 
Department of Defense Financial Management Regulation, Volume 7A, Chapter 1 (Creditable Service) details the computation of the basic pay date, which is defined as reflecting all service which is creditable towards longevity. 


a. 
Paragraph 010102 (Computation of Creditable Service) states that for most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service. If, however, there is a break in service, the time between periods of service usually is not included. There are statutory periods when service in a particular component may not be counted. There are periods for which some members are given constructive service, even though they were not actually serving on active or inactive duty. 

b. 
Paragraph 010103 (Creditable Service Periods) states that creditable service periods include active or inactive service in any of the following components without restriction: 

. 
Army Reserves 

. 
Army of the United States (service without specification of component) 

. 
Army National Guard 

. 
Army National Guard of the United States 

. 
Regular service in the Army 



c. 
Paragraph 010104 (Other Creditable Service (With Restrictions as Noted)) states that other creditable service includes the following periods of service: 

. 
Any period of service during which a member is entitled to retired, retirement, or retainer pay from any Uniformed Service 

. 
Any period of service during which the member is entitled to compensation from the Department of Veterans Affairs on account of service. 

. 
Service otherwise creditable that is performed before a member reaches the statutory age for enlistment unless the enlistment contract was voided or invalidated for fraud 

. 
Inactive service as an enlisted member in the Reserves between the time of enlistment and the date the member began active duty, or active duty for training, in a Reserve component 



d. 
Paragraph 010202 (Service Not Creditable) states that the following includes a few types of service which are not creditable: 

. 
Time served in an enlistment which is terminated, voided, or invalidated as fraudulent 

. 
The constructive time authorized by the Act of 28 December 1945 for determining grade and eligibility for promotion 

. 
Time an individual was a member of the inactive National Guard 




3. Army Regulation (AR) 635-5 (Separation Forms) 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. 
. 
Item 24a(1) (Net Service this Period) enter total service completed between the dates shown in items 16 and 11d of the DD Form 214 

. 
Item 24b (Total Active Service) enter total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served as a reservist not on active duty 


4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 
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