IN THE CASE OF: BOARD DATE: 13 September 2022 DOCKET NUMBER: AR20220002969 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his federal mobilization in March 1970 under the provisions of Presidential Proclamation 3972, dated 23 March 1970. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Proclamation 3972 Declaring a National Emergency, by the President of the U.S. of America, 23 March 1970 * DD Form 214 * Cable News Network Article, 13 June 2021 FACTS: 1. The applicant did not file within the 3 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 he was federalized to active duty in March 1970 under President . This occurred during a postal strike in 1970, however, it was not entered on his DD Form 214. It may not have been entered on his DD Form 214 because he was discharged on 14 April1970, shortly after the federal mobilization was completed and personnel probably did not have time to enter it on his DD Form 214. As a result, he is unable to receive any Veterans Affairs benefits. 3. In support of his application the applicant provides: a. A NGB Form 22, shows he enlisted in the New York Army National Guard (NYARNG) on 13 April 1964. b. Proclamation 3972 Declaring a National Emergency, by the President of the U.S. of America, dated 23 March 1970, shows in pertinent part, as the result of an unlawful work stoppage by employees of the U.S. Postal Service, the President of the U.S. declared a state of national emergency and directed the Secretary of Defense to take such action as necessary to carry out the provisions of Title 10, USC, Section 673, in order that the laws of the U.S. pertaining to the Post Office Department may be executed in accordance with their terms. c. A DD Form 214 shows: * the applicant reported to active duty on 24 March 1970 under the authority of Letter Orders 3-132, First U.S. Army, dated 24 March 1970 (orders unavailable for review) * he was honorably released to the NYARNG effective 30 March 1970, after 7 days of net active service * item 30 (Remarks) shows “This abbreviated form issued to Army National Guard members per APP [Appendix] A AR [Army Regulation] 135-20” d. The NGB Form 22, shows he was honorably discharged from the NYARNG and as a Reserve of Army on 12 April 1970 after 6 years of service. e. A Cable News Network Article, dated 13 June 2021, states during a postal strike that began on 18 March 1970, President authorized the federalization of guardsmen to sort mail in the NY area on 23 March 1970. Postal workers began returning to work on 25 March, postal authorities canceled requirements for military augmentation of the post offices on March 26, demobilization began, and the operation was completed on 4 April 1970. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief was warranted. The Board carefully considered the applicants request, supporting documents, the applicant's statement, the applicant's record of service, and the reason for separation. The applicant reported to active duty on 24 March 1970 under the authority of Letter Orders 3-132, First U.S. Army, dated 24 March 1970 (orders unavailable for review) and he was honorably released to the NYARNG effective 30 March 1970, after 7 days of net active service. Although the orders are not available, it is clear that he was ordered to active duty under the provisions of Presidential Proclamation 3972, dated 23 March 1970, and his DD Form 214 should be corrected to reflect such entry. 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 to show in the Remarks Block of his DD Form 214 the entry “Ordered to active duty under the provisions of Presidential Proclamation 3972, dated 23 March 1970.” 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. AR 135-20 (Release from Active Duty, Reserve Components), in effect at the time, prescribed procedures and administrative instructions for the release of units and personnel of the ARNGUS and the U.S. Army Reserve from active duty. It also provides for disposition of personnel to be separated, retained on active duty, or changed from active duty to active duty for training (ACDUTRA) status. Appendix A (Release of Members of ARNG Units Called to Active Military Service Because of Civil Disturbance), states for item 30 (Remarks) of the DD Form 214, enter "This abbreviated form issued to Army National Guard members per appendix A, this AR" on all abbreviated DD Forms 214 issued. 3. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that will be furnished each individual who is separated from the Army, including ACDUTRA personnel, and establishes standardized procedures for the preparation and distribution of those documents, including the DD Form 214. a. The purpose of a separation document is to provide the individual with documentary evidence of his military service. It is a vital record for interested Government agencies which assists the veteran in obtaining the rights and benefits to which he is entitled. It is important that information entered thereon be complete and accurate. Accordingly, local procedures will be established to ensure that entries on the forms are verified against source documents for completeness and accuracy. b. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. c. A DD Form 214 will be issued at the time of separation to: * each member of the Regular Army * each member of the Reserve components, the Army of the U.S. without component called or ordered to active duty or ACDUTRA for a period of 90 days or more * each member of the ARNG called into active Federal service for a period of 90 days or more, or an indefinite period * each member of the ARNG of the U.S. ordered to perform full-time training or other full-time duty in his status as a member of the ARNG under sections 503 - 505 of Title 32, USC, for a period of 90 days or more d. Item 30 (Remarks) of the DD Form 214 will be used to complete entries too long for their respective blocks. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002969 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1