IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080006997
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, that he be issued a Report of Separation from Active Duty (DD Form 214) showing his entire period of military service from 21 January 1977 to 20 January 1986.
2. The applicant states that he is trying to obtain veterans benefits for healthcare, medicine, and financial assistance.
3. The applicant provides copies of his DD Form 214, discharge orders, Honorable Discharge Certificate, Certification of Military Service, Report of Separation and Record of Service (NGB 22), and his Armed Forces of the United States Identification Card.
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 21 January 1977, the applicant enlisted in the Mississippi Army National Guard (ARNG) for duty with the 108th Armored Cavalry Regiment. He was ordered to active duty for training (ADT) and served from 4 March 1977 to
26 May 1977 (2 months and 23 days). He completed his training and was awarded military occupational specialty 13B (Field Artillery Cannon Crewman).
3. On 26 May 1977, the applicant was released from ADT, issued his DD Form 214, and transferred to his Mississippi ARNG unit.
4. On 27 May 1977, the applicant returned to the 108th Armored Cavalry Regiment for duty as a cannoneer.
5. On 27 February 1984, the applicant was discharged from the Mississippi ARNG and transferred to the United States Army Reserve (USAR) Control Group [Individual Ready Reserve].
6. The applicant was issued an NGB 22 effective 27 February 1984. This document provides him with a record of his service in the Mississippi ARNG during the period from 21 January 1977 to his discharge and transfer to the USAR.
7. Orders D-01-002966, USAR Personnel Center, dated 15 January 1986, discharged him from the USAR Control Group [Individual Ready Reserve] effective 20 January 1986.
8. 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 establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a soldier's service.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant enlisted in the Mississippi ARNG on 21 January 1977. He was subsequently ordered to ADT, completed training, was released, and issued a DD Form 214. He was discharged from the ARNG on 27 February 1984 and discharged from the USAR on 20 January 1986.
2. The applicants DD Form 214, issued on 26 May 1977, shows that he served on ADT for 2 months and 23 days. There is no evidence showing that he served on active duty at any other time.
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080006997
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