RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 November 2007
DOCKET NUMBER: AR20070007248
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Ms. Laverne M. Douglas
Member
Mr. Michael J. Flynn
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 that he be issued a DD Form 214 for active duty service during the period 9 May 1988 through 26 August 1988.
2. The applicant states, in effect, that he was informed by a Veterans Affairs counselor that he should have been issued a DD Form 214 for serving
110 continuous days on active duty, which was well in excess of the 90 days rule.
3. The applicant provides Headquarters, Camp Edwards Orders 43-1, dated
4 March 1988; a National Guard Bureau (NGB) Form (Report of Separation and Record of Service), with the period ending 31 August 1992; and four DA Forms 2139 (Military Pay Voucher).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant had prior service in the U.S. Navy. He enlisted in the Massachusetts Army National Guard (MAARNG) on 1 October 1973.
3. Headquarters, Camp Edwards Orders 43-1, dated 4 March 1988, show that the applicant was ordered to annual training support with combined periods from "(9-31 May 1988) (1-30 June 1988) (1-31 July 1988) (1-26 August 1988)" that totaled a period of 110 days and four different reporting dates of "9 May, 1 June, 1 July & 1 August 1988."
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter
2 contain guidance on the preparation and distribution of the DD Form 214. It states, in pertinent part, that a DD Form 214 will be prepared for Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service.
DISCUSSION AND CONCLUSIONS:
The applicant contends that he should be issued a DD Form 214 for active duty service during the period 9 May 1988 through 26 August 1988. He provided MAARNG orders that show he was ordered to annual training support for a combined period of 110 days. However, Army Regulation 635-5 states that a DD Form 214 will be prepared for RC Soldiers completing 90 days or more of continuous ADT, FTNGD, ADSW, TTAD, or AGR service. The applicant was on extended annual training support status by the MAARNG and therefore he did not fall into one of the above active duty status categories to be eligible for issuance of a DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__KLW__ ___LMD __MJF __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___Kenneth L. Wright___
CHAIRPERSON
INDEX
CASE ID
AR20070007248
SUFFIX
RECON
DATE BOARDED
6 NOVEMBER 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
100.0000.0000
2.
3.
4.
5.
6.
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