BOARD DATE: 14 June 2011 DOCKET NUMBER: AR20100029400 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 (Certificate of Release or Discharge from Active Duty) to reflect that he retired from the Army National Guard (ARNG) with 20 years of service. 2. The applicant states the DD Form 214 sent to him reflects only 6 "years" of service. He served in the ARNG for 20 years. 3. The applicant provides no additional evidence. 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 North Carolina ARNG on 21 August 1979. He was ordered to initial active duty for training (IADT) on 10 October 1979 and was transferred to Fort McClellan, Alabama, to undergo basic training and then to Fort Lee, Virginia, to undergo advanced individual training. 3. He completed training and was honorably released from IADT on 11 April 1980. He was issued a DD Form 214 showing he completed 6 months and 2 days of active service. 4. On 2 September 1999, he was issued his Notification of Eligibility for Retired Pay at Age 60 (20-year letter). 5. On 31 January 2000, he was honorably discharged from the North Carolina ARNG and was transferred to the Retired Reserve. He was issued a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) showing he had 20 years, 5 months, and 10 days of service. 6. A review of his official records failed to show the applicant was ever issued a DD Form 214 after his IADT in 1980. 7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. Events that occur subsequent to the date the DD Form 214 is issued are not authorized for retroactive entry on that form as the DD Form 214 reflects only information that is in effect at the time the DD Form 214 is issued. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to reflect his completion of 20 years of service in the ARNG has been noted and was found to lack merit. 2. The DD Form 214 is issued to reflect continuous periods of active duty service and the evidence of record shows he had only one period of service (IADT) that warranted the issuance of a DD Form 214. 3. Accordingly, his subsequent service in the North Carolina ARNG does not qualify for the issuance of a DD Form 214. However, he was properly issued an NGB Form 22 to document his service at the time of his retirement. 4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ____x____ __x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms. ___________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) AR20100029400 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100029400 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1