BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150001804 


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) to show that he completed six (6) months of active duty training (ACDUTRA).

2.  The applicant states he served on ACDUTRA from 4 September 1964 to
3 March 1965.  However, his DD Form 214 is incorrect because it shows he served only seven (7) days (from 24 March 1970 to 30 March 1970).  In addition, it shows he held the rank of staff sergeant (SSG), but he didn't attain that rank with only 7 days of active duty.  He adds that he never noticed this error until he filed a claim for veterans' benefits.

3.  The applicant provides:

* three pages from a unit yearbook ("Home of the Ultimate Weapon")
* DD Form 214
* NGB Form 22 (Report of Separation and Record of Service in the Army National Guard of New York and as a Reserve of the Army)
* NGB Form 55 (Honorable Discharge Certificate)

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 military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the records provided by the applicant, that includes his DD Form 214, are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and New York ARNG (NYARNG) on 21 April 1964.

   a.  The three pages from the unit yearbook, "Home of the Ultimate Weapon," The United States Army Training Center, Infantry, Fort Dix, NJ, show, in pertinent part, the names and pictures of the officers and cadre of Company K, and a picture of the applicant at the time of his graduation on 13 November 1964.

   b.  The applicant's DD Form 214 shows he entered active duty this period on 24 March 1970, was honorably released from active duty on 30 March 1970, and reverted to the ARNGUS and State control as a member of the NYARNG.  It also shows in –

* item 5a (Grade, Rate or Rank):  SSG
* item 5b (Pay Grade):  E-6
* item 6 (Date of Rank):  14 June 1968
* item 19 (Grade, Rate or Rank at Time of Entry into Current Active Service):  SSG / E-6
* item 22 (Statement of Service) –

* block a (Creditable for Basic Pay Purposes):

* line 1 (Net Service this Period):  7 days
* line 3 (Total):  7 days

* block b (Total Active Service):  7 days

* item 32 (Signature of Person Being Transferred or Discharged), the applicant placed his signature on the document

   c.  An NGB Form 22 shows the applicant enlisted in the ARNGUS and NYARNG on 21 April 1964 and he was honorably discharged on 20 April 1970 based on completion of his 6-year Ready Reserve obligation.  He had completed 6 years of total service for pay purposes.  It also shows in –

* item 3 (Grade):  SSG E6
* item 29 (Highest Grade Held):  SSG E6
* item 32 (Remarks):  "Attended ACDUTRA REP 63 during the period 
4 September 1964 to 3 March 1965"
* item 33 (Signature of Person Being Discharged), the entry, "Not Available for Signature"

   d.  An NGB Form 55 that shows the applicant was honorably discharged from the NYARNG and as a Reserve of the Army, in the rank of SSG, on 20 April 1970.

4.  A search of the internet shows Operations Graphic Hand was the deployment of National Guard Soldiers to deliver mail in New York during a 2-week postal workers strike in March 1970.  Members mobilized under Title 10, U.S. Code, section 673a were to be issued an abbreviated DD Form 214 for this period of active duty.  

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for –

* item 5a, enter grade in which serving at time of separation
* item 5b, enter pay grade
* item 6, enter date of rank for the grade shown in item 5a
* item 22 provides detailed instructions for computing creditable service for basic pay

* block a, line 1, enter the total service completed between the inclusive dates of the current tour of duty
* block a, line 3, enter the total service by adding lines 1 and 2
* block b, enter the total active service the individual has completed beginning with the earliest period of active service up to and including the current period of active duty, less any period served in the ARNG or U.S. Army Reserve not on active duty, and less time lost

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served on ACDUTRA from 4 September 1964 to 3 March 1965.

2.  His contention that he served on ACDUTRA during the period 4 September 1964 to 3 March 1965 is not in dispute.  In fact, his NGB Form 22 shows he attended ACDUTRA during the period 4 September 1964 to 3 March 1965.  

3.  The DD Form 214 the applicant provides shows he entered active duty this period on 24 March 1970 and he was honorably released from active duty on 
30 March 1970, in the rank of SSG (E-6), to revert to the ARNGUS and control of the NYARNG.

   a.  A calculation of this period of active duty service shows the following:

	1970  03  30		date released from active duty
         - 1970  03  24		date entered active duty this period
         =    00  00  06
         +                  1		day inclusive
         =    00  00  07  	net active service this period

   b.  The applicant signed the document verifying the accuracy of the information recorded on the DD Form 214.

   c.  Based on the above and the available evidence of record, it is concluded that the DD Form 214 correctly shows the applicant's active duty service during this period (emphasis added) and rank/grade at the time he was released from active duty.

4.  It appears that the somewhat abbreviated DD Form 214 he provides was for a period of mobilized service during the postal workers strike in 1970, which would normally not have included his 6 months of ACDUTRA.  However, there would be no harm in adding this service to this DD Form 214 by amending block 22a(2) (Other Service) to show "00 06 00" and block 22b to show "00 06 07" to reflect his ACDUTRA from 4 September 1964 through 3 March 1965.  



BOARD VOTE:

__X______  __X______  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 30 March 1970 to show:

* block 22a(2) "00 06 00"
* block 22b "00 06 07"




      _______ _ 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)                                         AR20150001804



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001804



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1