IN THE CASE OF:	  

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090011977 


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 that the component be changed from Army National Guard (ARNG) to United States Army Reserve (USAR) on his 2 December 1964 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he joined the USAR and not the ARNG.

3.  The applicant provides a copy of his DD Form 214, photograph, Honorable Discharge Certificate, and orders. 

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 enlistment record shows that he enlisted in the USAR on 27 May 1964 for 6 years.

3.  Item 4 of his 2 December 1964 DD Form 214 shows his component "Army - NG."  This form shows that the applicant was released from active duty upon completion of military occupational specialty training and transferred to his Reserve command.  His DD Form 214 further shows that he entered active duty on 4 August 1964 and was honorably released on 2 December 1964.

4.  The applicant's Honorable Discharge Certificate and orders show that he was discharged from the USAR on 26 May 1970.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The regulation stated that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation stated, in pertinent part, to enter in capital letters "ARMY" and the component and branch in which serving immediately prior to separation.

DISCUSSION AND CONCLUSIONS:

The applicant's enlistment record, Honorable Discharge Certificate, and orders verify that his component was USAR.  Therefore, it would be appropriate to correct his DD Form 214 to show USAR as his component.

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 changing the component in item 4 of his 2 December 1964 DD Form 214 to USAR.



      ____________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)                                         AR20090011977



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ABCMR Record of Proceedings (cont)                                         AR20090011977



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