IN THE CASE OF:
BOARD DATE: 1 July 2008
DOCKET NUMBER: AR20080003867
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he served on active duty from July 1993 to June 1996.
2. The applicant states that his DD Form 214 shows that his active duty service ended in November 1993 when he actually served on active duty until 27 June 1996.
3. The applicant provides a copy of his 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 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. On 16 June 1993, the applicant enlisted in the New Jersey Army National Guard for 8 years. He was subsequently ordered to initial active duty for training (IADT) on 23 July 1993. He completed his IATD and was awarded military occupational specialty (MOS) 19D (Cavalry Scout).
3. On 12 November 1993, the applicant was released from IADT and transferred to Troop A, 5th Battalion, 117th Cavalry Regiment, Dover, New Jersey Army National Guard.
4. Item 12 (Record of Service) of the applicant's DD Form 214 shows that he served on active duty for IADT from 23 July to 12 November 1993. His characterization of service was uncharacterized.
5. On 15 June 1999, the applicant was separated from the New Jersey Army National Guard. He had attained the rank of specialist, pay grade E-4 and had completed 6 years of creditable service as a member of the New Jersey Army National Guard. His characterization of service was honorable.
6. The applicant's Report of Separation and Record of Service (NGB Form 22) effective 15 June 1999, shows that he enlisted in the New Jersey Army National Guard on 15 June 1993 and was separated on 15 June 1999 due to completion of his service commitment. He had completed 6 years of creditable service in the New Jersey Army National Guard.
7. On 20 August 2002, the applicant was discharged from the United States Army Reserve. His characterization of service was honorable.
8. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of active duty. It provides a clear, brief, clear cut record of active duty at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant enlisted in the New Jersey Army National Guard on 16 June 1993; served a period of IADT from
23 July to 12 November 1993; was released from IADT and transferred back to his New Jersey Army National Guard unit. He was issued a DD Form 214 for this active duty service. There is no evidence showing that he had any other active duty service that qualified for issuance of another DD Form 214.
2. Furthermore, the applicant was issued an NGB Form 22 for his active service in the New Jersey Army National Guard during the period from 16 June 1993 to 15 June 1999.
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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003867
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