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ARMY | BCMR | CY2011 | 20110024123
Original file (20110024123.txt) Auto-classification: Denied

		
		BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20110024123 



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 reconsideration of his request for issuance of a DD Form 214 (Report of Transfer or Discharge) in lieu of a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

2.  He states, in effect, he did not have evidence of the exact dates of his service with the 107th Signal Company.  However, after he received the previous Board’s proceedings denying his request he was able to obtain evidence from the Rhode Island Army National Guard (RIARNG) archives that shows he served with the 107th Signal Company from 19 November 1965 through 1 February 1968.

3.  He provides:

* DA Form 20 (Enlisted Qualification Record)
* DD Form 4 (Enlistment Record - Armed Forces of the United States)
* NGB Form 22
* Special orders

CONSIDERATION OF EVIDENCE:
1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100011776, on 14 October 2010.

2.  The applicant provides new evidence in the form of a DA Form 20, DD Form 4, and special orders which warrants consideration by this Board. 
3.  His record contains and he submitted a DD Form 4 which shows in:

	a.  item 8 (Date of Enlistment) 21 October 1964;

	b.  item 9 (For Service In) Army National Guard; and

	c.  item 13 (Initial Assignment) Battery C, 2d Howitzer Battalion, 103d Artillery.

4.  He submitted a DA Form 20 which shows in:

	a.  item 11 (Enlisted, Inducted, Reenlisted, and/or Ordered to Active Duty) he:

		(1)  enlisted in the ARNG on 21 October 1964 for a period of 6 years; and 

		(2)  was ordered to active duty from 24 June to 6 November 1965.

	b.  item 33 (Appointments and Reductions), he highlighted Unit Orders Number 1, paragraph 2, issued by the 107th Signal Company (Support), dated 1967, which advanced him to private first class (E-3); and 

	c.  item 38 (Record of Assignments) shows:

		(1)  Special Orders Number 108, issued by the Office of the Adjutant General, RI, dated 8 June 1965, ordered him to Active Duty for Training (ADT) for 6 months.

		(2)  from 24 June to 6 November 1965 he was on ADT.

		(3).  he highlighted the entries on this DA Form 20 from 19 November 1965 to 
23 July 1967 pointing out that he was assigned to the 107th Signal Company (in Greenwich, RI) during this period.  During this period he served in an ADT status from 11 to 25 June 1966 (15 days) and from 8 to 22 July 1967 (15 days).

5.  His record contains a DD Form 214 which shows he entered an active duty status on 24 June 1965 and in:

	a.  item 11a (Type of Transfer or Discharge) he was released to the RIARNG;

	b.  item12 (Last Duty Assignment or Major Command) he was assigned to Battery C, 4th Training Battalion, U.S. Army Training Center, Fort Sill, OK;

	c.  item 13b (Effective Date) he was released from active duty on 6 November 1965;

	d.  item 19a (Current Active Service Other Than by Induction, Source of Entry), "Other" is marked and the entry "Ordered to ACDUTRA" is annotated; and

	e.  item 24c (Total Active Service) 4 months and 13 days.

6.  Special Orders Number 63, issued by Headquarters, 2d Battalion, (155mm Towed), 103d Artillery, RIARNG, dated 16 October 1970, show he was honorably discharged effective 20 October 1970.

7.  He submitted an NGB Form 22, which shows in:

	a.  item 7 (Date of Discharge) he was discharged on 20 October 1970; and 

	b.  item 32 (Remarks) ACDUTRA from 24 June to 6 November 1965.

8.  His record is void of any evidence and he did not provide any evidence showing he served on active duty for a period exceeding 90 days following his initial REFRAD.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214. 

   a.  It states the DD Form 214 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; and  

   b.  Reserve component (RC) Soldiers completing 90 days or more of continuous active service will be issued a DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received a properly-constituted DD Form 214 for his period of active service from 24 June through 6 November 1965.

2.  The evidence of record shows after he was released from active duty to the RIARNG on 6 November 1965 and he served in the RIARNG until he was honorably discharged on 20 October 1970.  The evidence shows he served on ADT from 11 June to 25 June 1966, which is a period of 15 days and from 8 July to 22 July 1967, which is also a period of 15 days.  Therefore, he would not have been issued a DD Form 214 for this service because it was less than 90 days.

3.  There is no evidence of record nor did he submit any evidence showing he served in an active duty status after 6 November 1965, for a period of 90 days, while assigned to the RIARNG.  Therefore, he is not entitled to the issuance of a DD Form 214 to show any additional active service.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100011776, dated 14 October 2010.




      __________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)                                         AR20110024123



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ABCMR Record of Proceedings (cont)                                         AR20110024123



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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