IN THE CASE OF:
BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140013336
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 the entry "Completed Required Active Service for Post Service Benefits" and issuance of a DD Form 215 (Correction to DD Form 214).
2. The applicant states he was released from active duty (REFRAD) after serving 1 year, 9 months, and 6 days to finish his term in the Army Reserve. He was issued a special order that states "this individual is credited with his full term of active duty of 24 months," but this statement was not entered onto his DD Form 214.
3. The applicant provides Special Orders Number 170, dated 17 August 1973 and his DD Form 214.
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 was inducted into the Army of the United States (AUS) on 17 November 1971 for two years.
3. Special Orders Number 170 issued by Headquarters, III Corps and Fort Hood on 17 August 1973, ordered his REFRAD effective 22 August 1973. These orders state in paragraph 2, "This individual is credited with his full term of active duty of 24 months."
4. His DD Form 214 shows he was REFRAD on 22 August 1973 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-3 for early release to serve one year in an Army National Guard or U.S. Army Reserve (USAR) unit. On the following date, he was transferred to a USAR unit to complete his Reserve obligation. He completed 1 year, 9 months, and 6 days of active military service.
5. Orders 10-1122881 issued on 26 October 1977 ordered his discharge from the Standby Reserve effective 16 November 1977.
6. Army Regulation 635-5 (Separation Documents) at the time governed the preparation of the DD Form 214 and 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. The regulation in effect at the time did not provide instructions to enter the statement "Completed Required Active Service for Post Service Benefits" in block 30 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted into the AUS on 17 November 1971 and was REFRAD on 22 August 1973.
2. The applicant's DD Form 214 shows he completed 1 year, 9 months, and 6 days of active duty service during the period covered by the report.
3. The applicant's unit issued him separation orders citing that he was credited with his full term of active duty of 24 months. These orders should serve as sufficient evidence to confirm he completed his required active service.
4. However, the governing regulation in effect at the time of the applicant's REFRAD on 22 August 1973 did not authorize the entry "Completed Required Active Service for Post Service Benefits" as a mandatory entry on the DD Form 214. Therefore, there is no basis for granting the applicant's request.
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 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) AR20140013336
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013336
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080019372
Application for correction of military records (with supporting documents provided, if any). It also contains a USAAC Form 170, dated 29 October 1967, almost 2 months after his release from active duty, in which he requested the SSN he now claims is incorrect be added to his record and confirms the SSN he now claims is incorrect is the one under which he entered military service, performed his military service, and was separated from military service. As a result, given it is clear the SSN...
ARMY | BCMR | CY2008 | 20080016139
The applicant requests, in effect, consideration for and promotion to lieutenant colonel (LTC). On 2 May 1973, the applicant was notified that based on his two time non-selection for promotion to LTC, he was required to be released from active duty (REFRAD) within 90 days of his non-selection notification under the provisions of chapter 3, Army Regulation 635-100 (Personnel Separations Officer Personnel). Paragraph 3-65 stated that Reserve commissioned officers serving on active duty as...
ARMY | BCMR | CY2014 | 20140020307
The applicant requests, in effect, correction of his military records to show: a. he was promoted to chief warrant officer three (CW3) prior to retiring in 1977; b. his retirement adjusted to reflect this promotion and the benefits of such promotion; and c. he was originally promoted to specialist five (SP5), pay grade E-5, on 4 May 1959. The applicant contends that his military records should be corrected to show: a. he was promoted to chief warrant officer three (CW3) prior to his...
ARMY | BCMR | CY2008 | 20080009316
Application for correction of military records (with supporting documents provided, if any). Item 2 (Grade) shows the FSM held the rank of PFC and Item 3 (Date of Rank) shows 20 February 1969. Item 24 of the FSM's DD Form 214, as amended by a DD Form 215 (Correction to the DD Form 214) issued on 25 June 2007, shows the FSM earned the following awards during his active duty tenure: NDSM, BSM with "V" Device and 1st Oak Leaf Cluster, RVNCM, VSM, AM and CIB.
ARMY | BCMR | CY2009 | 20090017511
The applicant states that in response to his application for consideration and promotion to LTC, the Army Board for Correction of Military Records (ABCMR) found that he had completed 15 years, 10 months, and 16 days of active Federal service and a total of 24 years and 25 days of creditable service. A DD Form 214 shows the applicant entered active duty on 28 September 1961 and he was honorably retired on 4 December 1974 in the rank/grade of MAJ/O-4 by reason of permanent physical disability...
ARMY | BCMR | CY2015 | 20150010420
A review of the applicant's military personnel records failed to reveal evidence of * any adverse or derogatory information related to insulting/anti-Semitic comments by his raters/indorsers/reviewers/commanders * an erroneously reported/charged period of leave * being officially recommended for or * promoted to CPT * awarded the * Legion of Merit * Bronze Star Medal * Order of Merit * award of any individual foreign decoration 17. There is no evidence of record that shows he was...
ARMY | BCMR | CY2014 | 20140000414
Special Orders Number 229, dated 29 November 1971 made a grade determination affecting his promotion status in the Army of the United States (AUS) to show his rank as CPT with a date of rank of 8 August 1971. The applicant's request to correct his DD Form 214 to show his date of rank to CPT as 26 May 1971 instead of 26 May 1973 has been carefully examined. Item 30 clearly identifies the applicant was appointed the temporary rank of CPT in the AUS on 8 August 1971; however, he held the...
ARMY | BCMR | CY2014 | 20140000561
The applicant provides copies of the following: * DD Form 214 (Report of Separation from the Armed Forces of the United States) * WD AGO Form 8-24 (Report Control Symbol Medical 19) * letter from the NPRC * U.S. Army Veteran Medal Status Inquiry Results * Veterans Profile * newspaper article alleged to be about him CONSIDERATION OF EVIDENCE: 1. No record had been found to show that the applicant was authorized the Purple Heart, United Nations Service Medal, or the Korean Service Medal. ...
ARMY | BCMR | CY2014 | 20140015621
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 31 March 1976 to show he was retired in the rank/grade of Chief Warrant Officer Three (CW3)/W-3. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect other...
ARMY | BCMR | CY2014 | 20140004121
The applicant requests correction of his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) to show his date of birth (DOB) as XX November 1921 vice XX March 1921. In conjunction with his appointment as a Reserve officer in the Army of the United States (AUS), the applicant completed a WD AGO Form 170 (Application for Appointment and Statement of Preferences for Reserve Officers) on 24 February 1943 wherein he listed his DOB as XX November 1921. His record...