RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2007
      DOCKET NUMBER:  AR20060017672


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 8b (Effective Date) of his
1999 Report of Separation and Record of Service (NGB Form 22) be corrected
to read 5 April 1999.

2.  The applicant states, in effect, that he was separated from the Army
National Guard (ARNG) in order to enlist in the active component of the
United States Marine Corps (USMC), which he did on 6 April 1999.

3.  The applicant provides the following documents in support of his
application:  NGB Form 22; USMC Enlistment Contract (DD Form 4); and USMC
Separation Document (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's record contains a NGB Form 22 that shows the applicant
was honorably discharged from the ARNG for the purpose of enlistment,
reenlistment, or immediate reenlistment, in any component of the Armed
Forces.  The effective date of this discharge listed in Item 8b is 6 April
1999.

3.  The applicant's record also contains a DD Form 4 that confirms the
applicant enlisted in the USMC and entered active duty in that service on 6
April 1999.  It also contains a DD Form 214 that shows on 5 April 2004, the
applicant was honorably released from active duty (REFRAD) in the USMC and
transferred to the USMC Reserve.  The separation document also confirms the
applicant served on active duty for 5 years, from 6 April 1999 through 5
April 2004.

4.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Personnel Division, National Guard Bureau (NGB).
This official recommends approval of the applicant's request to correct his
NGB Form 22 to show he was discharged from the ARNG on 5 April 1999 instead
of 6 April 1999, as is currently listed.  She further indicates that the
governing ARNG regulation stipulates, in pertinent part, that when a
discharge is for a change in military status, the effective date will be
the day prior to the date of the Soldier's entry into a new military
status.

5.  On 25 July 2007, the applicant was provided a copy of the NGB advisory
opinion in order to have an opportunity to respond.  To date, he has failed
to reply.

6.  National Guard Regulation 600-200 contains the personnel management
policy for ARNG Soldiers.  Paragraph 8-29 states, in pertinent part, that
the effective date of a discharge is 2400 hours of the date of notice of
discharge.  When discharge is for change of military status, the effective
date will be the day prior to the date of the Soldier's entry into a new
military status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 8b of his 1999 NGB Form 22 should
be corrected to read 5 April 1999 instead of 6 April 1999, as is currently
entered was carefully considered and found to have merit.

2.  By regulation, the date of discharge for an ARNG Soldier who is
changing military status will be the day prior to the date the Soldier's
entry into a new military status.  The evidence of record confirms the
applicant enlisted in the USMC and entered active duty in that status on 6
April 1999, as evidenced by the DD Form 4 and DD Form 214 on file.
Therefore, it would be appropriate to correct Item 8b of the applicant's
NGB Form 22 to read 5 April 1999 instead of
6 April 1999, as is currently entered and to make any other adjustments to
service dates on the NGB Form 22 that may be required as a result of the
change in effective date.

BOARD VOTE:

___BPI__  __TMR  _  __GJP __  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 and National Guard records of the individual
concerned be corrected by amending Item 8b of the NGB Form 22 in question
by deleting the current entry and replacing it with the entry "99  04  05";
by making any other changes to the NGB Form 22 that may be required as a
result of the change in effective date; and by providing him a corrected
NGB Form 22.




                            _____Bernard P. Ingold____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017672                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1999/04/05                              |
|DISCHARGE AUTHORITY     |NGR 600-200                             |
|DISCHARGE REASON        |To Enter USMC                           |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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