IN THE CASE OF:	  

		BOARD DATE:	       5 August 2008

		DOCKET NUMBER:  AR20080008712 


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 his record of service be changed to show he completed 10 years, 8 months, and 12 days total active service.  

2.  The applicant states that he served from 1977 to 1985 and had a break in service.  He returned to service in December 2001.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 June 2004; his DD Form 214 for the period ending 31 March 1988; and his DD Form 214 for the period ending 28 March 1985.  

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 Regular Army on 19 July 1977 and was discharged on 28 March 1985.  His DD Form 214 for the period ending 28 March 1985 shows he completed 7 years, 8 months, and 10 days total active service during this period.  

3.  After a break in service, the applicant enlisted in the Army National Guard on an unknown date.  He served with the Army National Guard in an Active Guard Reserve status from 1 September 1987 through 31 March 1988.  His DD Form 214 for the period ending 31 March 1988 shows he completed 7 months active service during this period and 3 months and 18 days total prior inactive service.  On the following date, he was transferred back to his Army National Guard unit.  He was discharged from the Army National Guard on 5 June 1989.  

4.  After a break in service, the applicant enlisted in the Army National Guard on 18 December 2001.  He was ordered to active duty on 7 February 2003 in support of Operation Enduring Freedom/Operation Iraqi Freedom.  

5.  The applicant was honorably released from active duty on 4 June 2004 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of disability with severance pay.  His DD Form 214 for the period ending 4 June 2004 shows he completed 1 year, 3 months, and 28 days total active service during this period; 8 years, 3 months, and 26 days total prior active service; and 2 years, 4 months, and 5 days total prior inactive service.  On the following date, he was transferred to his Army National Guard unit.  

6.  The applicant was discharged from the Army National Guard on 5 June 2004 under the provisions of National Guard Regulation 600-200, paragraph 8-26j(1) by reason of being medically unfit for retention.  His NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) shows he completed 2 years, 5 months, and 18 days total service this period.

7.  His Army National Guard Annual Statement shows an additional 16 days of active duty during the retirement year ending 17 December 2002.

8.  His NGB Form 22 for the period ending 5 June 2004 shows he completed 1 year, 3 months, and 2 days prior Reserve component service; 8 years, 3 months, and 10 days prior active Federal service; and 11 years, 2 months, and 25 days total service for pay.

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty in the Regular Army from 19 July 1977 through 28 March 1985, which is a period of 7 years, 8 months, and 10 days total active service.  He was issued a DD Form 214 for the period ending 28 March 1985 which properly reflects this period of service.

2.  The applicant served on active duty in an Active Guard Reserve status from 1 September 1987 through 31 March 1988, which is a period of 7 months total active service.  He was issued a DD Form 214 for the period ending 31 March 1988 which properly reflects this period of service.  

3.  While again in the Army National Guard, the applicant served on active duty from 7 February 2003 through 4 June 2004, which is a period of 1 year, 3 months, and 28 days active service.  He was issued a DD Form 214 for the period ending 4 June 2004 which properly reflects this period of active service and his 8 years, 3 months, and 10 days total prior active service.  This is a total of 9 years, 7 months, and 8 days.  His annual statement shows an additional 16 days active duty for a total of 9 years, 7 months, and 24 days active service.  

4.  It appears that there is no error in this case regarding the applicant’s record of service.  All of his prior active service and prior inactive service appears to be properly recorded on his NGB Form 22 and his DD Form 214 for the period ending 4 June 2004.  He provided no evidence to show he had additional active service.  Therefore, there is no basis for granting the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  ___xx___  ___xx___  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.




      _______ xxxx_______   ___
               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)                                         AR20080008712





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ABCMR Record of Proceedings (cont)                                         AR20080008712



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