IN THE CASE OF:	  

		BOARD DATE:	        28 OCTOBER 2008

		DOCKET NUMBER:  AR20080012835 


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 that her Report of Separation and Record of Service (NGB Form 22) be corrected to show that she enlisted in the year 1981; that her date of rank to sergeant was before 1999; and that she was available for signature at the time that her NGB Form 22 was signed.  She also requests that the phrase “NGB Form 22 and NGB Form 55b were mailed to the soldier’s last known address as shown in Item 19” be voided from Item 18 on her NGB Form 22; that all of the dates reflected in Item 10 (Record of Service) on her NGB Form 22 be changed; and that the correct information pertaining to her primary military occupational specialty (PMOS) be included in Item 12 (Military Education) on her NGB Form 22.

2.  The applicant states, in effect, that her NGB Form 22 was prepared incorrectly.

3.  The applicant provides in support of her application a copy of her NGB Form 22 and a copy of her Honorable Discharge Certificate.

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 United States Army Reserve (USAR) on 1 July 1981.  She was ordered to active duty for training (ADT) with an effective date of 26 October 1981 and she was awarded military occupational specialty (MOS) 76C (Equipment Records and Parts Specialist). 

3.  The applicant was released from ADT on 26 March 1982 and she returned to her Reserve unit.  The Certificate of Release or Discharge from Active Duty
(DD Form 214) that she was furnished at the time of her release from ADT shows that she completed 5 months and 1 day of net active service this period.

4.  The applicant remained a member of the USAR until 18 April 1999, when she enlisted in the Louisiana Army National Guard (LAARNG) for 6 years, in the pay grade of E-5.

5.  On 30 June 2004, the applicant was honorably discharged from the LAARNG in pay grade E-5 and she was transferred to the USAR Control Group (Retired).  The NGB Form 22 that she was furnished at the time of her retirement shows that she enlisted in the LAARNG on 18 April 1999; that her date of rank at the time of her retirement was 18 April 1999; that a copy of her NGB Form 22 and NGB Form 55b were mailed to her last known address; that she was not available for signature; and that her military education included the Noncommissioned Officers Academy in 1991, an 80-hour Cargo Handling Course in 1992, a 2-week Primary Leadership Development Course in 1991, and the Automated Logistical Specialist training course in 1997. 

6.  Her NGB Form 22 also shows her net service this period as 5 years, 2 months, and 13 days; her prior Reserve Component service as 17 years, 9 months, and 17 days; no prior active Federal service; her total service for pay as 23 years; and her total service for retired pay as 22 years.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s NGB Form 22 was prepared to reflect her service as it existed while she was a member of the LAARNG.  Her NGB Form 22 shows that she enlisted in the LAARNG on 18 April 1999; that she was already serving in the pay grade of E-5 at the time of her enlistment in the LAARNG; that she was not available for signature at the time of her discharge; that a copy of her NGB Form 22 and NGB Form 55b were mailed to her last known address; and that her military education included the Noncommissioned Officers Academy in 1991, an 80-hour Cargo Handling Course in 1992, a 2-week Primary Leadership Development Course in 1991, and the Automated Logistical Specialist training course in 1997.  She has provided no evidence to the contrary; therefore, it must be presumed that this information is correctly annotated on her NGB Form 22.

2.  However, her NGB Form 22 does incorrectly reflect that she had 17 years, 9 month, and 17 days of prior Reserve Component service and that she had no prior active Federal service.

3.  The available records show that she had 17 years, 4 month, and 16 days of prior Reserve Component service, and 5 months and 1 day of prior active Federal service.  Therefore, her NGB Form 22 should be corrected to reflect this information.

4.  In view of the foregoing, the applicant is entitled to have her NGB Form 22 amended as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  amending Item 10b (Record of Service – Prior Reserve Component Service) on her NGB Form 22 to show that she had 17 years, 4 months, and 16 days of prior Reserve Component service; and
   
   b.  amending Item 10c (Record of Service – Prior Active Federal Service) on her NGB Form 22 to show that she had 5 months and 1 day of prior active Federal service.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending her NGB Form 22 to change her date of enlistment; date of rank; availability for signature; the phrase regarding the mailing of her NGB Form 22 and NGB Form 55b; and her military education.



      _________XXX__________
               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)                                         AR20080012835



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ABCMR Record of Proceedings (cont)                                         AR20080012835



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