IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140007346 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 October 1961 to show:

	a.  his active duty service from 15 October 1961 to 9 September 1962; and

	b.  his service number as NG XX 204 XXX instead of NG XX 214 XXX.

2.  The applicant states:

	a.  He served on active duty from 24 June 1961 until 14 October 1961 for his required 6-month period of active duty for training (ACDUTRA).  He completed basic training at Fort Dix and then went to Fort Knox to complete his armor training.  While at Fort Knox, his Army National Guard (ARNG) unit was called to active duty.  He received orders to report to them on 15 October 1961 at Fort Campbell for a period of 1 year.  The reason for the call-up was the Berlin Crisis.  They were then transferred to Fort Stewart.  From there, they went to Fort Campbell and were sent home and released from active duty (REFRAD) on 9 September 1962.

	b.  His service number is wrong on his DD Form 214.  His service number is NG XX 204 XXX.

	c.  He is trying to buy a house with help from the Department of Veterans Affairs.  He needs a certificate of eligibility to qualify and the records do not show the correct amount of active duty time served.

3.  The applicant provides a copy of his DD Form 214 for the period ending 14 October 1961.

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 ARNG on 16 December 1960 for 3 years.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his service number as XX 204 XXX.

3.  He was ordered to ACDUTRA on 24 June 1961 and he was released from ACDUTRA on 14 October 1961.

4.  His DD Form 214 for the period ending 14 October 1961 shows in:

* item 2 (Service Number) – NG XX 214 XXX
* item 19c (Date of Entry) –24 June 1961
* item 11d (Effective Date) –14 October 1961
* item 32 (Remarks) – he was ordered to active duty for a 12-month period effective 15 October 1961

5.  Item 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was REFRAD and returned to the ARNG on 9 August 1962.

6.  The available records do not contain a DD Form 214 covering the period 15 October 1961 through 9 August 1962.

7.  He was honorably discharged from the ARNG on 18 December 1964.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the ARNG of Maine) shows his service number as NG XX 204 XXX.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and stated 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 REFRAD, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of REFRAD, retirement, or discharge.

2.  His DD Form 214 for the period ending 14 October 1961 indicates he was ordered to active duty for a 12-month period beginning 15 October 1961 and his DA Form 20 shows he was REFRAD on 9 August 1962.  Although there is no DD Form 214 for this period in his Official Military Personnel File, administrative regularity is presumed.

3.  Since the period of service from 15 October 1961 to 9 August 1962 was after his release from ACDUTRA on 14 October 1961, there is no basis for adding this service to his DD Form 214 for the period ending 14 October 1961.  However, he should be issued a Transcript of Military Record to account for this period of active duty service.

4.  The applicant's DD Form 4 shows his service number as XX 204 XXX in 1960 and his NGB Form 22 shows this service number with the NG prefix.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 14 October 1961 to show his service number as NG XX 204 XXX.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the current entry in item 2 of his DD Form 214 for the period ending 14 October 1961 and replacing it with the service number as shown on his DD Form 4; and

	b.  issuing him a Transcript of Military Record that shows his active duty service from 15 October 1961 to 9 August 1962.

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 amending his DD Form 214 for the period ending 14 October 1961 to show he served on active duty from 15 October 1961 to 9 August 1962.




      ______________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)                                         AR20140007346



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ABCMR Record of Proceedings (cont)                                         AR20140007346



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