IN THE CASE OF: BOARD DATE: 20 March 2023 DOCKET NUMBER: AR20220009192 APPLICANT REQUESTS: on behalf of her deceased husband, a former service member (FSM), issuance of a new DD Form 214 (Certificate of Release or Discharge from Active Duty) and correction of the FSM's DD Form 214 issued after initial active duty training to show: * service credit for his active duty * promotion to staff sergeant (SSG)/E-6 * awards and decorations authorized * he graduated from high school * a change to the reason for his separation to show his death while he was on active duty APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 1 June 2022 * DD Form 214, 9 August 1985 * Certificate of Marriage, State of Iowa, 2 November 1987 * Army and Air Force Mutual Aid Association, Record Military Service, undated * DD Form 1300 (Report of Casualty), 15 March 1996 * Certificate of Death, (County), Tennessee Department of Health, 25 March 1996 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, in effect: a. Her late spouse was issued a DD Form 214 from the year 1985 after he completed his basic training prior to the summer after his junior year of high school. He entered active duty service in 1986. He served on active duty until his service connected death in 1996. b. The corrections should be made for accuracy and to properly honor someone that gave the ultimate sacrifice to his country. His record should be accurate for future generations that would want to gather information of his service. Her husband left behind a young son who now has a child of his own. c. Accuracy is also important for receipt of any future benefits to his heirs. 3. The applicant provided copies of: a. Her application with a self-authored statement. b. The FSM's DD Form 214, 9 August 1985, issued following completion of Active Duty Training and in compliance with self-terminating orders number 20-21, 26 January 1985, ordering him to one station unit training at Fort Benning. c. A Certificate of Marriage, showing she was married to the FSM on 2 November 1987. d. Military service information complied by the Army and Air Force Mutual Aid Association. e. A DD form 1300, issued on 15 March 1996, showing the FSM was deceased as the result of a nonhostile helicopter mishap while on active duty. f. A Certificate of Death issued by the (County) Health Department, State of Tennessee, showing the FSM died on 7 March 1996, and listing the applicant as the wife of the deceased. 4. A review of the applicant's available service records shows: a. On 27 July 1984, the FSM enlisted in the U.S. Army Reserve (USAR) at age 17 beginning in grade/pay grade private 2/E-2. The DD Form 4 (Enlistment/Reenlistment Document) showing his enlistment in the USAR is not contained in the available records. b. Self-terminating orders number 20-21 issued on 26 January 1985, ordered him to active duty training for one station unit training (OSUT) at Fort Benning. A copy of the self-terminating orders are not contained in the available records. c. On 19 June 1985, he reported to Fort Benning for OSUT at Fort Benning. d. On 9 August 1985, he was released from active duty and returned to control of Company C, 1st Battalion, 410th Infantry Regiment, USAR. His DD Form 214, shows in: * Block 4a (Grade) and Block 4b (Pay Grade) – PV2 and E-2 * Block 12c (Net Service This Period) – 1 month and 21 days * Block 12d (Total Prior Active Service) – 1 month and 27 days * Block 12e (Total Prior Inactive Service) – 10 months and 22 days * Block 16 (High School Graduate or Equivalent) – No * Block 24 (Character of Service) – Honorable * Block 28 (Narrative Reason for Separation) – Completion of Period of Active Duty Training e. On 15 August 1986, he enlisted in the Army Reserve for a period of 8 years beginning in pay grade Private 2/E-2. f. Item 24 (Education) of his DD Form 1966 (Record of Military Processing) shows he graduated from high school in May 1985. g. On 3 September 1986, he enlisted in the Regular Army for a period of 3 years. h. During a series of reenlistments, he was promoted to: * Private first class on 1 January 1987 * Specialist/E-4 on 1 March 1988 * Sergeant/E-5 on 1 September 1991 i. On 15 March 1996, DD Form 1300 was prepared and issued to the FSM's next of kin, showing in: * item 5 d (Casualty Information) – date of casualty was 7 March 1996 * item 9 (Interested Persons), listing his next of kin and their addresses * item 10 (Remarks), he was posthumously promoted to staff sergeant and his pay grade remained at E-5 since additional pay was not involved j. A letter from National Personnel Records Center sent to the applicant in response to a request for the FSM's discharge papers shows the applicant was provided a copy of the DD Form 214 from the FSM's initial active duty training, a copy of the DD Form 1300, and noted that a DD Form 214 is not issued when a service member dies while on active duty. k. The FSM's DA Form 2-1 shows he was awarded or authorized: * Overseas Service Ribbon (2nd Award) * Army Achievement Ribbon (4th Award) * Army Service Ribbon * Army Reserve Components Medal (2nd Award * Army Good Conduct Medal (3rd Award) * Aircraft Crewman Badge * Non-Commissioned Officer Professional Development Ribbon * Driver Mechanic Badge * National Defense Service Medal * Parachutist Badge * Expert Marksmanship Qualification Badge with Grenade Bar (M203), Rifle Bar (M-16) and Pistol Bar (M-9) l. A copy of the FSM's High School Diploma is not contained in the available records. 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 FSM’s military record, and regulatory guidance were carefully considered. The Board noted the applicant was advised by the National Personnel Records Center that a DD Form 214 is not issued when a service member dies while on active duty. One possible outcome was to provide relief; however, the Board majority noted, the DD Form 214 shows circumstances as they were on the date prepared. The applicant’s requests were properly captured on the DD Form 1300 (Report of Casualty). For that reason, the Board majority recommended that denying the requested relief was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING 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, U.S. 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 600-8-1 (Army Casualty Operations/Assistance/Insurance), in effect at the time, 20 October 1994, prescribed the policies and mandated operating tasks, responsibilities and procedures for casualty operations functions of the military personnel system. The casualty operations functions include casualty reporting, casualty notification and casualty assistance. An additional chapter has been included to incorporate "casualty documentation" which includes, Servicemen's Group Life Insurance (SGLI), to ensure an operational, one source document, to support U.S. Army casualty operations. a. U.S. Total Army Personnel Command (Redesignated Army Human Resources Command), will issue a DD Form 1300 for personnel on active duty who becomes a casualty. b. Posthumously promote Soldiers who were officially recommended for promotion according to applicable promotion regulations but were unable to accept the promotion because of death in the line of duty. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate. a. Army Regulation 635-5 (Separation Documents), effective 1 October 1979, stated a DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. b. The instructions for item 12a (Date Entered Active Duty This Period) stated to enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued. c. The instructions for item 12b (Separation Date This Period) stated self- explanatory, meaning enter the date of separation from active duty. d. The instructions for item 12c (Net Active Service this Period) stated all service entered will be less time lost under Title 10 U.S.C. Section 972 and time lost after expiration of term of service. For Cadets, enter the total time between dates entered in items 12a and be with reference to item 18h (Effective Date of Promotion to Pay Grade). e. The instructions for item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) state self-explanatory, meaning enter all awards and decorations authorized during the period covered by the DD Form 214. f. The instructions of item 16 (High School Graduate or Equivalency) – self- explanatory, meaning, check "Yes" if high school graduate or equivalent (GED). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009192 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1