IN THE CASE OF:	  

		BOARD DATE:	  14 November 2014

		DOCKET NUMBER:  AR20140005050 


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 in:

* item 5a (Grade, Rate, or Rank) – Specialist Four (SP4) instead of Private (PVT) (P)
* item 5b (Pay Grade) – E-4 instead of E-2
* item 6 (Date of Rank) – 3 April 1970
* his total service as 6 years

2.  The applicant states:

* he was sworn into the New York Army National Guard (NYARNG) on 10 September 1965
* his DD Form 214 is missing 4 years of Army National Guard (ARNG) service
* he was an SP4 when he was released on 12 September 1971 instead of a PVT
* he completed 6 years of service in the ARNG, not 2 years as his records indicates
* the Department of Veterans Affairs (VA) has rejected him for a VA eligibility certificate for a home mortgage because of the errors in his service
* he needs the VA benefit to reorganize his debt



3.  The applicant provides:

* self-authored statements
* DD Form 214
* Internal Revenue Service Wage and Tax Statements for 1965 through 1970

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's DD Form 4 (Enlistment Record) shows he enlisted in the NYARNG on 13 September 1965 for a period of 6 years.

3.  On 20 August 1966, he was ordered to active duty for 15 days of annual active duty training.

4.  On 8 May 1967, he was ordered to initial active duty for training (IADT) and reported to the U.S. Army Reception Station, Fort Bragg, NC.

5.  On 15 May 1967, he was assigned to Company B, 3rd Battalion, Training Brigade, U.S. Army Training Center, Fort Bragg, NC, for basic combat training.

6.  On 8 July 1967, he was assigned to the 4th Enlisted Training Company, 1st Battalion, U.S. Army Ordnance Center and School, Aberdeen Proving Ground, MD, for advanced individual training.

7.  On 14 September 1967, he was released from active duty for training (ACDUTRA) to the control of the NYARNG.

8.  His DD Form 214 shows in:

* item 5a – PVT (permanent (P))
* item 5b – E-2
* item 6 – 8 May 1967
* item 11a (Type of Transfer or Discharge) – release to the NYARNG
* item 11c (Reason and Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Separation Program Number (SPN) 764 (Release of Trainees upon Completion of Military Occupational Specialty Training)
* item 11d (Effective Date) – 14 September 1967
* item 17a (Source of Entry) – ordered to ACDUTRA
* item 17c (Date of Entry) – 8 May 1967
* item 22a(1) (Net Service This Period) – 4 months and 7 days
* item 22a(2) (Other Service) – 1 year, 7 months, and 25 days
* item 22a(2) (Total) – 2 years and 2 days
* item 22b (Total Active Service) – 4 months and 7 days
* item 30 (Remarks) – released from active duty and returned to the State control as a member of the NYARNG to complete the remaining service obligation of 4 years and 0 months

9.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows:

* PVT/E-1 (P) – 13 September 1965
* PVT/E-2 (P) – 13 January 1966
* PVT/E-2 (P) – 8 May 1967
* private first class/E-3 – 10 October 1967
* SP4 (P) – 3 April 1970

10.  Item 38 (Record of Assignments) of his DA Form 20 shows, in part:

* 24 March 1970 – ordered to active duty
* 30 March 1970 – released from active duty
* 12 September 1970 – honorably discharged

11.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows in:

* item 5 (Term of Enlistment) – 6 years
* item 7 (Date of Discharge) – 12 September 1970
* item 21 (Date and Place of Enlistment) – 13 September 1965, Brooklyn, NY
* item 26 (Length This Service) – 5 years
* item 27 (Total Service for Pay Purposes) – 5 years
* item 32 (Remarks) – reverted to U.S. Army Reserve (USAR) control to complete remaining service obligation of 1 year

12.  The applicant provided self-authored statements, his DD Form 214, and copies of his wage and tax statements for the years 1967 through 1970 that show he was paid through the NYARNG.

13.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated:

	a.  Enlisted personnel of all components would be advanced to the permanent rank/grade of private/E-2 upon completion of 4 months of service for pay purposes, including other than active duty, provided the individual was in a promotable status.

	b.  The IADT date would be used as the advancement date to E-2 for ARNG and USAR personnel on IADT.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation from active duty.

	a.  A DD Form 214 would be issued at the time of separation from active duty regardless of the actual number of days served to each member of the Regular Army and Reserve Components, including Army of the United States without component, called or ordered to active duty or ACDUTRA for a period of 90 days or more.

	b.  The SPN was used to represent the specific authority and reason for separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his rank as SP4, date of rank as 3 April 1970, and his total service as 6 years was carefully considered.

2.  It appears the applicant does not have a copy of his NGB Form 22.  His NGB Form 22 properly shows his enlistment date as 13 September 1965 and discharge date as 12 September 1970.  This form also shows he reverted to USAR control for the completion of his remaining 1-year service obligation.  A copy of the NGB Form 22 will be provided to the applicant.

3.  A DD Form 214 is issued to cover periods of active service.  Although he requested correction of his DD Form 214 to show he completed 6 years of service, his records are void of and he failed to provide any evidence showing he completed 6 years of service at the time it was issued.  Records show his DD Form 214 correctly recorded his active and inactive service at the time of his separation from that period of active duty.

4.  The governing regulation in effect at the time stated to enter the IADT date as the date for advancement to E-2; therefore, his DD Form 214 and NGB Form 22 both accurately reflect his grade/rank.

5.  In view of the above, there is an insufficient evidentiary basis for granting the requested relief.

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 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)                                         AR20140005050



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ABCMR Record of Proceedings (cont)                                         AR20140005050



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