IN THE CASE OF:	  

		BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130007230 


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) for the period ending 9 January 1970 to show in:

	a.  item 5a (Grade, Rate, or Rank), his rank and pay grade as sergeant (SGT)/E-5 instead of private (PV2)/E-2;

	b.  item 16 (Terminal Date of Reserve), his terminal date as 22 September 1975 instead of 21 May 1975;

	c.  item 17c (Date of Entry), he entered active duty on 22 September 1969 instead 10 September 1969; and

	d.  item 22a(1) (Net Service This Period), that he completed over 1 year of active duty instead of 4 months of active duty.

2.  He states:

* his enlistment date is 22 September 1969 with a 6-year commitment which would make his terminal date 22 September 1975, not 21 May 1975
* he was an E-5 when he received an honorable discharge
* a combination of all of his weekend training, summer camps, boot camps, and active duty service would be over 1 year of creditable service



3.  He provides:

* DD Form 214
* Congressional letter
* DD Form 62 (Statement of Acceptability)
* DA Form 2139 (Military Pay Voucher)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Honorable Discharge Certificate 
* Unit Headquarters, 344th General Hospital, Form 19
* Standard Form 46 (U.S. Government Motor Vehicle Operator's Identification Card)
* DA Form 20 (Enlisted Qualification Record)

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 U.S. Army Reserve (USAR) on 22 May 1969 for a period of 6 years.  In connection with his enlistment on 22 May 1969, he signed an Acknowledgement of Understanding of Service Requirements acknowledging he incurred a military obligation of 6 years.

3.  Headquarters, 1st U.S. Army, Letter Orders ET-08-3635A, dated 11 August 1969, show he was ordered to active duty for training (ACDUTRA) on 10 September 1969.

4.  His DA Form 20 shows in:

	a.  item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty), he enlisted in the USAR on 22 May 1969;

	b.  item 14 (Reserve Component Information), his service obligation expiration date was 21 May 1975;

	c.  item 16 (Service Dates), his pay entry basic date was 22 May 1969; and

	d.  item 33 (Appointments and Reductions), he was advanced or promoted to private first class (PFC)/E-3 on 22 May 1969; to specialist four/E-4 on 2 November 1970; and to SGT/E-5 on 1 June 1972.

5.  He was released from ACDUTRA on 9 January 1970 and transferred to the USAR to complete his remaining service obligation.  His DD Form 214 for this period shows in:

	a.  item 5a, his rank and pay grade as PVT/E-2;

	b.  item 6 (Date of Rank), his date of rank as 22 September 1969;

	c.  item 16, his terminal date as 21 May 1975;

	d.  item 17c, he entered active duty on 10 September 1969; 

	e.  item 22a(1), he completed 4 months of active duty; and 

	f.  item 22a(2) (Other Service), he completed 3 months and 18 days of other service.

6.  He was discharged from the USAR on 6 March 1970.

7.  On 7 March 1970, he enlisted in the New York Army National Guard in the rank/pay grade of PFC/E-3.  Item 49 (Prior Service) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he was discharged from the USAR in the rank/pay grade of PFC/E-3.  He was honorably discharged from the New York Army National Guard on 1 March 1972 and transferred to the USAR.

8.  Headquarters, 344th General Hospital, Special Orders Number 21, dated 1 June 1972, show he was promoted to SGT effective 1 June 1972.

9.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), paragraph 2-1, states the statutory military service obligation (MSO) is incurred on initial entry into the Armed Forces, whether by induction, enlistment, or appointment.  Prior to 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry into the Armed Forces.

10.  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 states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It establishes standardized policy for preparation of the DD Form 214.  The version in effect at the time stated for:

	a.  item 5a, enter the grade in which the individual served at the time of separation.

	b.  item 16, if the individual incurred a service obligation under Title 10, U.S. Code, subsection 651a, or was being transferred or returned to the USAR for the purpose of satisfying the obligation, enter the date (day, month, and year) such service obligation should terminate.

	c.  item 17c, enter the date entered active duty or date of enlistment or reenlistment was accomplished.

	d.  item 22a, enter the total service completed between the dates shown in items 10c (Date Inducted) or 17c and 11d (Effective Date) of the DD Form 214, as represented by continental and foreign service, less time lost under Title 10, U.S. Code, section 972, and time lost subsequent to normal expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR as a PFC/E-3 on 22 May 1969 and served in this grade until he was released from ACDUTRA on 9 January 1970.  His service records show he was promoted to SGT/E-5 on 1 June 1972 which is subsequent to the period covered by his DD Form 214.  Therefore, his DD Form 214 for the period ending 9 January 1970 should be amended to show his rank/pay grade as PFC/E-3.

2.  He initially entered the USAR on 22 May 1969 and incurred a 6-year statutory MSO (21 May 1975).  Therefore, item 18 of his DD Form 214 for the period ending 9 January 1970 properly reflects the correct Reserve obligation termination date of 21 May 1975.

3.  The evidence of record shows he was ordered to ACDUTRA on 10 September 1969 and item 17c of his DD Form 214 for the period ending 9 January 1970 properly reflects he entered active duty on 10 September 1969.  Therefore, there is no basis for amending item 17c of this discharge document to show he entered active duty on 22 September 1969.

4.  The evidence of record shows he served on ACDUTRA from 10 September 1969 through 9 January 1970, a period of 4 months.  His DD Form 214 for the period ending 9 January 1970 shows he completed 3 months and 18 days of other service.  He contends he completed weekend training, summer camps, and boot camps.  However, his service records are void of evidence to support his claim.  Further, it appears that service may have been subsequent to his release from ACDUTRA.  Therefore, there is insufficient evidence on which to grant this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 for the period ending 9 January 1970 of the individual concerned be corrected by:

	a.  deleting the entry "PVT E-2 (P)" from item 5a and replacing it with the entry "PFC E-3 (P)"; and 

	b.  deleting the entry "22 Sep 69" from item 6 and replacing it with the entry 
"22 May 1969."

2.  The Board further determined 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 correcting items 16, 17c, and 22a of his DD Form 214 for the period ending 9 January 1970.




      _____________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)                                         AR20130007230



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ABCMR Record of Proceedings (cont)                                         AR20130007230



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