IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130004047
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 issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his active duty service from 10 October 1966 to 20 April 1967.
2. The applicant states he was activated for over 90 days and assigned to Fort Bliss, TX, for over 168 days, or 25 weeks. It is his contention that this was active duty and not active duty for training time.
3. The applicant provides:
* Special Orders Number 187, issued by the State of Illinois, Military and Naval Department, Springfield, IL, dated 27 September 1966
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 25 January 2013
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 enlisted in the Illinois Army National Guard (ILARNG) on 5 April 1956.
3. On 1 February 1959, he was honorably discharged from the ILARNG to attend school. The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued at the time shows he completed 2 years, 9 months, and 27 days of service during this period. He subsequently reentered the ILARNG.
4. The applicant provides Special Orders (SO) Number 187, dated 27 September 1966, that ordered him to full time training duty (FTTD) for attendance at the Nike Hercules Electrical Maintenance Course, Fort Bliss for 24 weeks and 4 days (or 172 days) from 10 October 1966 to 20 April 1967.
5. These orders also show:
* his rank/grade at the time was specialist four (SP4)/E-4
* his service number as NG2xxxxxx0
* his unit as Battery A, 1st Battalion, 202nd Artillery, Homewood, IL
* he was to be attached to the U.S. Army Air Defense School (USAADS), Fort Bliss
* the authority as Title 32, U.S. Code, section 505 and NGB letter, dated 20 September 1966
6. His record contains a USAADS Transcript of Grades that shows he successfully completed the USAADS Nike Hercules Electronic Maintenance Course, Class Number 4-67, from 11 October 1966 to 20 April 1967.
7. His records do not contain a DD Form 214 for this period of active duty service.
8. He subsequently transferred to the U.S. Army Reserve (USAR) and he attained the rank/grade of sergeant first class (SFC)/E-7 on 1 July 1978.
9. His record contains a DA Form 2-1 (Personnel Qualification Record) that shows in item 17 (Civilian Education and Military Schools) he attended and completed the 25-week "Univ Elec Maint" course at USAADS in 1967.
10. Orders C-05-422922, issued by the USAR Personnel Center, St. Louis, dated 19 May 1994, honorably released him from the USAR Control Group (Reinforcement) by reason of completion of 20 or more years of Reserve duty and transferred him to the Retired Reserve effective the same date.
11. Orders P-04-301489, issued by the same headquarters, dated 9 April 1997, retired the applicant and placed him on the Retired List in the rank of SFC, effective 20 March 1997.
12. Army Regulation 635-5 (Separation Documents) prescribes the separation documents 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. It states do not issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be issued a DD Form 214 for his active duty service from 10 October 1966 to 20 April 1967.
2. The evidence of record confirms he entered active duty for full-time training at Fort Bliss on 10 October 1966 and he successfully completed the training on 20 April 1967, a period of 172 days. For unknown reasons, a DD Form 214 for this period of service is not available for review. Although a DD Form 214 for this period is not available for review, there is no evidence and the applicant did not provide any evidence that a DD Form 214 was in fact never issued for this period of service. Therefore, there is no basis for issuing a DD Form 214 for this period of service.
3. However, in accordance with the governing regulation, it would be appropriate to provide him with a statement of service or another appropriate document that reflects his active duty service as a member of the Army National Guard from 10 October 1966 to 20 April 1967.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by providing the applicant with a statement of service or other appropriate document to reflect his active duty service as a member of the Army National Guard and containing the following information:
* name and rank as shown on his U.S. Army Air Defense School Transcript of Grades
* service status as Army National Guard
* service number as shown on Special Orders Number 187, dated 27 September 1966
* period of active duty service as 10 October 1966 to 20 April 1967
* unit as U.S. Army Air Defense School, Fort Bliss
* training completed as Nike Hercules Electronic Maintenance Course
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the issuance of a DD Form 214 for the period 11 October 1966 to 20 April 1967.
_______ _ _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.
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