IN THE CASE OF: BOARD DATE: 19 May 2015 DOCKET NUMBER: AR20140013336 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the entry "Completed Required Active Service for Post Service Benefits" and issuance of a DD Form 215 (Correction to DD Form 214). 2. The applicant states he was released from active duty (REFRAD) after serving 1 year, 9 months, and 6 days to finish his term in the Army Reserve. He was issued a special order that states "this individual is credited with his full term of active duty of 24 months," but this statement was not entered onto his DD Form 214. 3. The applicant provides Special Orders Number 170, dated 17 August 1973 and his DD Form 214. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States (AUS) on 17 November 1971 for two years. 3. Special Orders Number 170 issued by Headquarters, III Corps and Fort Hood on 17 August 1973, ordered his REFRAD effective 22 August 1973. These orders state in paragraph 2, "This individual is credited with his full term of active duty of 24 months." 4. His DD Form 214 shows he was REFRAD on 22 August 1973 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-3 for early release to serve one year in an Army National Guard or U.S. Army Reserve (USAR) unit. On the following date, he was transferred to a USAR unit to complete his Reserve obligation. He completed 1 year, 9 months, and 6 days of active military service. 5. Orders 10-1122881 issued on 26 October 1977 ordered his discharge from the Standby Reserve effective 16 November 1977. 6. Army Regulation 635-5 (Separation Documents) at the time governed the preparation of the DD Form 214 and is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The regulation in effect at the time did not provide instructions to enter the statement "Completed Required Active Service for Post Service Benefits" in block 30 (Remarks) of the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was inducted into the AUS on 17 November 1971 and was REFRAD on 22 August 1973. 2. The applicant's DD Form 214 shows he completed 1 year, 9 months, and 6 days of active duty service during the period covered by the report. 3. The applicant's unit issued him separation orders citing that he was credited with his full term of active duty of 24 months. These orders should serve as sufficient evidence to confirm he completed his required active service. 4. However, the governing regulation in effect at the time of the applicant's REFRAD on 22 August 1973 did not authorize the entry "Completed Required Active Service for Post Service Benefits" as a mandatory entry on the DD Form 214. Therefore, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _x______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20140013336 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140013336 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1