RECORD OF PROCEEDINGS


	IN THE C ASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20070017878 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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:

	a.  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

		1.  show an additional 40 days served on active duty in 1969; and 

		2.  add his awards and decorations.

	b.  Correction of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard) and to be allowed to sign this form.

2.  The applicant states that he was called to active duty for approximately 40 days to protect and secure an electrical plant in Puerto Rico during a local union riot at the Puerto Rico Power and Light Company.  He also states that he remembers that his unit was in standby alert from 1968 to 1971 to deploy to the Republic of Vietnam.   

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 19 September 1967; and

	b.  NGB Form 22, dated 25 April 1971.

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 records show that he enlisted in the Puerto Rico Army National Guard (PRARNG) for a period of 6 years on 24 January 1965.  He was subsequently ordered to active duty for training (ADT) on 15 May 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 19 September 1967 and reverted back to his ARNG status.  The DD Form 214 he was issued at the time of his release shows he completed 4 months and 5 days of active military service.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 contains the entry "N/A" indicating that he was not awarded any awards, decorations, or badges.  Item 32 (Signature of Person Being Transferred or Discharged) contains the applicant's signature.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) is not available for review with this case.

5.  The applicant's records do not reveal that he completed any other period of active duty during his military service.

6.  The applicant's records do not contain any special or general orders, letter orders, or memorandums that show he was awarded any awards, decorations, or badges.

7.  The applicant's records show he was honorably discharged from the PRARNG on 25 April 1971.  Item 24 (Decorations, Citations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) of his NGB Form 22 shows he was awarded the Sharpshooter Marksmanship Qualification Badge on 7 October 1969.  Item 33 (Signature of Person Being Discharged) shows the entry "EM not available for signature," indicating that the applicant was not available to sign this form at the time the form was submitted.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 214 is also issued to members of the Army National Guard ordered to perform full-time training or other full-time duty in a status as a member of the Army National Guard under sections 503, 504, or 505, of Title 32, U.S. Code for a period of 90 days or more.

9.  National Guard Regulation 600-200 (Enlisted Personnel Management) establishes the policies, standards and procedures for the management of enlisted ARNG Soldiers.  Table 8-2, in effect at the time, contained guidance on the preparation of the NGB Form 22.  It stated, in pertinent part, that the individual will sign his/her name in Item 33 (Signature of Person being Discharged) as it appears in Item 1 (Name) of this form.  When the individual cannot or will not sign, the entry "Soldier is not available to Sign" or "Soldier refused to sign" is entered in Item 33.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he served 40 days on active duty in 1969 cannot be substantiated.  There is no evidence in the available records and the applicant did not provide any substantiating evidence that shows he was called to or served on active duty.  The applicant states that his 40 days of duty was performed while securing a power plant.  If this is the case, he would have had to serve at least 90 days to qualify for receipt of a DD Form 214.

2.  With respect to the applicant's awards and decorations, there is no evidence in the available records and the applicant did not provide any substantiating evidence that shows he was awarded any awards, decorations, or badges.  The Sharpshooter Marksmanship Qualification Badge shown on his NGB Form 22 was awarded on 7 October 1969, several months after his separation from active duty.  Accordingly, it would not be appropriate to correct his DD Form 214 and add this badge.

3.  The applicant's contention regarding the lack of his signature on the NGB Form 22, the applicant is noted; however, this entry is not in error and required no correction.  If other administrative corrections of this form are required, the applicant is advised to contact his state or commonwealth's Joint Forces Headquarters or Office of the Adjutant General. 








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_x___  __x___  __x___  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.




							RML
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070017878



5


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508