IN THE CASE OF: BOARD DATE: 7 February 2023 DOCKET NUMBER: AR20220004168 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include his U.S. Army Reserve (USAR) service. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Chronological Statement of Retirement Points, 14 July 1995 * Headquarters, 77th Regional Support Command Orders 190-41, 8 July 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: a. He served in the Regular Army from November 1965 to November 1968 when he was honorably discharged. In 1976, he joined the USAR, 99th Signal Battalion in NY, under the 77th Army Reserve Command, in Queens and Fort Totten. On 15 September 1996, the battalion was deactivated, and he was released to the Retired Reserve. b. At the time of his transfer to the Retired Reserve, he did not receive a new DD Form 214 reflecting his total time in service. He only received a copy of his old DD Form 214 from when he was discharged from the Regular Army. All he has is a Chronological Statement of Retirement Points showing all of his years of service, but when he shows that document, he is told he needs a new DD Form 214. c. He needs a new DD Form 214 so he can apply for the benefits to which he is entitled. He is repeatedly told that a Chronological Statement of Retirement Points is not good enough for the claim he is making. He is sending a copy of his Chronological Statement of Retirement Points to show the Board all of his combined service time. He did not know he was supposed to get a new DD Form 214 when his unit was deactivated and he was transferred to the Retired Reserve. There are many more people from that unit who didn’t know that either and they only way they proved their years of service was showing copies of their Leave and Earnings Statements (LES). 3. The applicant enlisted in the Regular Army on 15 November 1965. His DD Form 214 shows that after 2 years, 11 months, and 12 days of net active service, he was honorably released from active duty on 26 October 1968 and transferred to the USAR Control Group (Annual Training). 4. The applicant remained in the USAR Control Group (Annual Training) through 15 November 1971. After a break in service, he enlisted in the USAR on 24 April 1977. 5. The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) in item 35 (Record of Assignments) reflects the following: * he served in the Regular Army from 15 November 1965-26 October 1968 * he served in the USAR Control Group from 27 October 1968-14 November 1971 * he had a break in service from 15 November 1971-23 April 1976 * he again served in the USAR from 24 April 1976 through the last date reflected on the DA Form 2-1 of September 1994. 6. A USAR Personnel Center memorandum, dated 21 September 1994, notified the applicant of his eligibility for retired pay at age 60, upon application, due to having completed the required 20 years of service. 7. Headquarters, 77th Regional Support Command Orders 190-41, dated 8 July 1996, involuntarily reassigned the applicant to the Retired Reserve effective 15 September 1996 by reason of unit inactivation/reorganization. 8. The applicant’s Chronological Statement of Retirement Points, dated 26 September 2005, shows the following: * he served in the Regular Army from 15 November 1965 through 26 October 1968 * he served in the USAR from 27 October 1968 through 14 November 1971 * he had a break in service from 15 November 1971 through 23 April 1976 * he served in the USAR from 24 April 1976 through 15 September 1996 * he was transferred to the Retired Reserve effective 16 September 1996 * he completed 23 years, 4 months, and 5 days of qualifying years for retirement 9. U.S. Army Human Resources Command (AHRC) Orders P09-589636, dated 26 September 2005, retired the applicant and placed him on the retired list effective 21 December 2005. 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. The Board noted the applicant served on active duty from November 1965 to November 1968, for which he was issued a DD Form 214 since this period was active service. He then served in the U.S. Army Reserve from 27 October 1968 through 14 November 1971 and again from 24 April 1976 through the last date reflected on the DA Form 2-1 of September 1994. However, aside from his 1965 to 1968 active service, there is no evidence the applicant served any other period of active duty of at least 90 consecutive days or more that would have necessitated the issuance of another DD Form 214. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. His service in the U.S. Army Reserve was not active duty. 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, 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 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army, to include the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. a. A DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. Included in the personnel issued a DD Form 214 are members of the ARNG and USAR separated after completing 90 days or more of continuous Active Duty Training (ADT), Full Time Training Duty (FTTD), or active duty support and after completing initial ADT which resulted in the award of a Military Occupational Specialty (MOS), even though the active duty was less than 90 days. b. The specific instructions for preparation of the DD Form 214 in effect at the time show the following: (1) Item 11d (Effective Date) states to enter date separation is accomplished. (2) Item 17c (Date of Entry) states enter the date entered on active duty or date enlistment or reenlistment accomplished. (3) Item 22a(1) (Net Service this Period) states to enter total service completed between the dates shows in item 17c and item 11d. (4) Item 22a(2) (Other Service) states to enter all prior service not included in item 22a(1). (5) Item 22a(3) (Total) states to add 22a Line 1 plus 22a Line 2). (6) Item 22b (Total Active Service) states to enter total active service completed beginning with the earliest period of active service up to an including current period of active duty, less any period served as a Reservist not on active duty and less any time lost. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004168 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1