RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 August 2007
      DOCKET NUMBER:  AR20070004666


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Conrad V. Meyer               |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Ms. Ernestine R. Moya             |     |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 his National Guard Bureau (NGB)
  Form 22 (Report of Separation and Record of Service) for the period
ending     19 December 2000 be amended to reflect his recent active duty
and Reserve service.  He also requests an Honorable Discharge Certificate
“from active duty.”

2.  The applicant states that the years he spent in service are not
reflected [on his NGB Form 22].

3.  The applicant provides two NGB Forms 22, one for the period ending
     19 August 1997 and one for the period ending 19 December 2000; a DD
Form 220 (Active Duty Report); a DA Form 1059 (Service School Academic
Evaluation Report); a DA Form 2166-8 (Noncommissioned Officer Evaluation
Report); a workshop completion certificate; a course diploma; a certificate
of training; two Honorable Discharge Certificates, one dated 19 August 1997
and one dated      19 December 2000; and a New York State Certificate of
Service.

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 USAR, Delayed Entry Program, on 6 May
1977. He served in the Regular Army from 8 June 1977 through 30 June 1980,
when he was honorably relieved from active duty and transferred to the U.
S. Army Reserve (USAR) Control Group (Reinforcement).  His Chronological
Statement of Retirement Points shows he was discharged from the USAR on 5
May 1983 (upon the completion of his statutory obligation) although neither
his discharge orders nor his discharge certificate is available.

3.  The applicant enlisted in the Army National Guard (ARNG) on 20 August
1987.  He was honorably discharged from the ARNG of New York and as a
Reserve of the Army on 19 August 1997.  The automated NGB Form 22 the
applicant was issued does not contain a block for entry of prior service or
total service.

4.  The applicant enlisted in the ARNG on 20 December 1997.  He was
honorably discharged from the ARNG of New York and as a Reserve of the Army
on 19 December 2000.  The automated NGB Form 22 the applicant was issued
does not contain a block for entry of prior service or total service.

5.  The applicant enlisted in the USAR on 30 May 2002.  His service in the
USAR thus far has included 54 days of active duty for training completed in
August 2005.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested, in effect, that his NGB Form 22 for the period
ending 19 December 2000 be amended to reflect his recent active duty and
Reserve service.

2.  The NGB Form 22 was only meant to reflect the applicant’s service as of
the date he was discharged from the ARNG, i.e., a record of his service as
of           19 December 2000.  There are no provisions to continually
amend the form as future service, whether active duty or inactive duty, is
attained.  In the applicant’s case, Reserve service attained after 19
December 2000 is currently reflected on his Chronological Statement of
Retirement Points.

3.  It is noted that the applicant was issued automated NGB Forms 22.
Those forms do not even have blocks to reflect his prior service or his
total service.  He might want to contact New York and see if they have
nonautomated versions of his NGB Forms 22 on file or if they would prepare
nonautomated versions of his NGB Forms 22 for him.

4.  The applicant also requested an Honorable Discharge Certificate “from
active duty.”  A literal reading of his request would lead one to believe
he requested an Honorable Discharge Certificate from his period of active
duty with the Regular Army.  However, since he was only relieved from
active duty and not discharged from active duty he would not be authorized
an Honorable Discharge Certificate for that period of service.

5.  It appears the applicant might actually be requesting an Honorable
Discharge Certificate due from his 5 May 1983 discharge from the USAR.
Since he was honorably relieved from active duty from the Regular Army, it
is a reasonable presumption that he would have received an honorable
characterization of service upon his discharge from the USAR.  As there is
no evidence of record to confirm that he received one, it would be
appropriate at this time to issue to him an Honorable Discharge Certificate
showing he was honorably discharged from the USAR on 5 May 1983.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__cvm___  __ded___  __erm___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by issuing to him an Honorable Discharge Certificate
showing he was honorably discharged from the U. S. Army Reserve on 5 May
1983.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amending his NGB Form    22 for the period ending 19 December 2000 to
reflect his recent active duty and Reserve service.




                                  __Conrad V. Meyer_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004666                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070821                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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