| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: Correction of item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in an active Federal status under Title 10 instead of a Title 32 Active Guard Reserve (AGR) status.
APPLICANT STATES: That he was on active duty during the Gulf War and that the entry “Title 10” was omitted from his discharge document. In support of his application, he submits a copy of his DD Form 214, a document titled “Instructions for VA Form 26-1880” and an excerpt from a Department of Veterans Affairs booklet.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was ordered to active duty for training on 27 February 1990 as a member of the Connecticut Army National Guard in the AGR Program. He served as an infantryman and was honorably released from active duty on
31 January 1992 for voluntary termination of his AGR tour.
Item 18 (Remarks) on the applicant’s DD Form 214 with an effective date of
31 January 1992 shows the entry “ACTIVE DUTY SERVICE LISTED IN ITEM #12 WAS IN AGR STATUS AS A MEMBER OF THE CTARNG [Connecticut Army National Guard]. ADT [Active Duty Training] AUTHORITY 32 USC 502(f)”.
There is no evidence in the available records which shows the applicant served in an active Federal status during the period 27 February 1990 through
31 January 1992.
Title 32, United States Code, Sections 101 and 502(f) provide for the members of the Army National Guard of the States and territories to be ordered to “Full-time National Guard duty.” Title 32 defines “Full-time National Guard duty as training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States in the member’s status as a member of the National Guard of a State or territory. Personnel who are ordered to “Full-time National Guard duty” under Title 32 for the purpose of organizing, administering, recruiting, instructing, or training the Army National Guard of the United States are administered by the respective States and territories are members of the AGR Program.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations it is concluded:
1. Evidence of record shows the applicant served under Title 32 in an AGR status from 27 February 1990 through 31 January 1992.
2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was in an active Federal status during the period 27 February 1990 through 31 January 1992. Therefore, the entry in item
18 (Remarks) on his DD Form 214 which shows he served under Title 32 in an AGR status is correct as currently constituted.
3. 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 has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
JNS_____ REB____ LE______ DENY APPLICATION
| CASE ID | AR2001057038 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010925 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 113.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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