IN THE CASE OF:	  

		BOARD DATE:	  	  25 November 2008

		DOCKET NUMBER:  AR20080013306 


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, verification and correction of either her discharge document or discharge certificate.

2.  The applicant states, in effect, that her discharge document shows one date and her discharge certificate shows a different date.  She also states that she has been trying to get this corrected for several years, but has not had adequate information to resolve the matter.

3.  The applicant provides copies of 2 DD Forms 214 (Certificates of Release or Discharge from Active Duty), with effective dates of 29 November 1998 and
6 May 2004; Headquarters, Office of the Adjutant General, State of New York, Latham, New York, Orders 317-016, dated 13 November 2003; Headquarters, U.S. Army Fort Dix, Fort Dix, New Jersey, Orders 099-0097, dated 8 April 2004; NGB Form 55 (Honorable Discharge Certificate), dated 9 September 2004; NGB Form 22 (Report of Separation and Record of Service), with an effective date of 14 September 2004; Headquarters, Office of the Adjutant General, Joint Force Headquarters, Latham, New York, Orders 278-1005, dated 4 October 2004;
2 DA Forms 4980-18 (The Army Achievement Medal Certificate), dated
17 December 1997 and 5 August 1998; Headquarters, 32nd Transportation Group (Composite), Certificate of Wartime Service, dated 15 February 2004; Headquarters, 419th Transportation Battalion, Certificate of Honor, undated; and National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 22 September 2004.


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 military service records contain a DD Form 4-Series (Enlistment/Reenlistment Document - Armed Forces of the United States).  This document shows the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 15 September 1994 and entered active duty in the Regular Army (RA) for a period of 4 years on 30 November 1994.

3.  The applicant's military service records contain a copy of Headquarters,
3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, Georgia, Orders 244-0015, dated 1 September 1998, that reassigned the applicant to the U.S. Army Separation Transition Point, Fort Stewart, Georgia, for release from active duty on 29 November 1998.

4.  The applicant's military service records contain her DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows the applicant entered active duty this period on 30 November 1994, was honorably released from active duty on 29 November 1998 based upon completion of required active service, and transferred to Company A, 148th Forward Support Battalion, Dublin, Georgia with a Reserve obligation terminal date of 14 September 2002.  At the time, the applicant was credited with completing 4 years, 0 months, and 0 days net active service this period.  The DD Form 214 also shows the applicant placed her signature of the document indicating that she had reviewed the document, and it was also authenticated by A. S. W______, Chief, Transition Point.

5.  The applicant's military records contain an NGB Form 22-5-R (Addendum to
DD Form 4) that shows she voluntarily transferred to the 1569th Transportation Company, Army National Guard of the State of New York (NYARNG) on
22 January 2000.

6.  The applicant's military service records contain an NGB Form 55 (Honorable Discharge Certificate), dated 9 September 2004, that shows she was honorably discharged from the NYARNG and the Reserve of the Army on 9 September 2004.  This document also shows that it was authenticated by Sergeant First Class Penny B____, Automated Records Branch, NYARNG.

7.  The applicant's military service records contain an NGB Form 22 (Report of Separation and Record of Service), with an effective date of 14 September 2004, that shows she enlisted on 15 September 1994 and was honorably discharged, effective 14 September 2004.  This document also shows that the applicant’s terminal date of reserve/military service obligation was 14 September 2004 and she completed 10 years, 0 months, and 0 days net service this period, total service for pay, and total service for retired pay. The NGB Form 22 also shows that the applicant was not available for signature of the document; however, it was authenticated by Sergeant First Class Penny B____, Automated Records Branch, NYARNG.

8.  In support of her application, the applicant provides the following documents.

     a.  DD Form 214 (Certificate of Release or Discharge from Active Duty with an effective date of 29 November 1998; NGB Form 55 (Honorable Discharge Certificate) dated 9 September 2004; and NGB Form 22 (Report of Separation and Record of Service), with an effective date of 14 September 2004.  These
3 documents were previously introduced and considered in this Record of Proceedings.

     b.  Headquarters, Office of the Adjutant General, State of New York, Latham, New York, Orders 317-016, dated 13 November 2003, that amended the period of the applicant’s active duty to read 16 January 2003 through 9 June 2004.

     c.  Headquarters, U.S. Army Fort Dix, Fort Dix, New Jersey, Orders 099-0097, dated 8 April 2004, that released the applicant from active duty, effective 6 May 2004, and transferred her to the 719th Transportation Company, New York, New York.

     d.  DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date 6 May 2004, that shows the applicant was ordered to active duty in support of Operation Iraqi Freedom on 16 January 2003, was honorably released from active duty on 6 May 2004 based on completion of required active service, and transferred to the 719th Transportation Company, New York, New York.  At the time, the applicant was credited with completing 1 year, 3 months, and 21 days net active service this period.  The DD Form 214 also shows the applicant placed her signature on the document indicating she had reviewed the document and it was also authenticated by Joseph M. L____, Director, Military Personnel.

     e.  Headquarters, Office of the Adjutant General, Joint Force Headquarters, Latham, New York, Orders 278-1005, dated 4 October 2004, that discharged the applicant from the ARNG and as a Reserve of the Army, effective 14 September 2004.

     f.  DA Form 4980-18 (The Army Achievement Medal Certificate), dated
17 December 1997, that shows the applicant was awarded the Army Achievement Medal for exceptionally meritorious performance from 18 August 1997 to 12 December 1997, as promulgated by Headquarters, 3rd Infantry Division (Mechanized) Artillery, Fort Stewart, Georgia, Permanent Orders Number 351-18, dated 17 December 1997.

     g.  DA Form 4980-18 (The Army Achievement Medal Certificate), dated
5 August 1998, that shows the applicant was awarded the Army Achievement Medal for meritorious service from 28 November 1994 to 29 November 1998, as promulgated by Headquarters, 703rd Main Support Battalion, Fort Stewart, Georgia, Permanent Order Number 217-15, dated 5 August 1998.

     h.  Headquarters, 32nd Transportation Group (Composite), Certificate of Wartime Service, dated 15 February 2004, that shows the applicant was recognized for her meritorious achievement while serving with the
32nd Transportation Group, 143rd Transportation Command during Operation Iraqi Freedom.

     i.  Headquarter, 419th Transportation Battalion, Certificate of Honor, undated, that shows the applicant was accepted into the 419th Transportation Battalion Hall of Honor for her unwavering commitment and dedication to the ideals of our great Nation.

     j.  National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 22 September 2004, that notified the applicant her records had not yet been received by the records center.

9.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).

10.  Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It instructs for block a (Date Entered AD This Period) to enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued; for block b (Separation Date This Period) to enter the Soldier's transition date; and for block c (Net Active Service This Period) to enter the amount of service this period, computed by subtracting Item 12a from Item 12b.  

11.  National Guard Regulation 600-200 (Enlisted Personnel Management), Chapter 8 (Discharge), governs the separation of Army National Guard enlisted personnel form the ARNG through discharge by appropriate State authorities.  Table 8-2 (Preparation of NGB Form 22, Report of Discharge and Record of Service) contains item-by-item instructions for completing the NGB Form 22.  The instructions for Item 8b (Effective Date) state to enter the expiration term of service (ETS) or effective date of discharge order.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her military service should be verified and either her discharge document or discharge certificate should be corrected because one of the documents is in error.

2.  The evidence of record shows that the applicant enlisted in the USAR on
15 September 1994, entered active duty in the RA for a period of 4 years on
30 November 1994, and was honorably released from active duty on
29 November 1998 based upon completion of required active service.  The evidence of record also shows that the applicant was credited with completing
4 years, 0 months, and 0 days net active service this period.  The evidence of record further shows that this service is accurately and correctly documented on the applicant’s DD Form 214, with an effective date of 29 November 1998.

3.  The evidence of record shows that the applicant was ordered to active duty in support of Operation Iraqi Freedom on 16 January 2003 and honorably released from active duty on 6 May 2004 based on completion of required active service.
The evidence of record also shows that the applicant was credited with completing 1 year, 3 months, and 21 days net active service this period.  The evidence further shows that this service is accurately and correctly documented on the applicant’s DD Form 214, with an effective date of 6 May 2004.

4.  The evidence of record shows that the applicant enlisted in the USAR on
15 September 1994, served continuously and consecutively as a member of the USAR, RA, USAR, and ARNG through 14 September 2004, and she was honorably discharged from the NYARNG and as a Reserve of the Army, effective
14 September 2004.  The evidence of record also shows the applicant was credited with completing 10 years, 0 months, and 0 days net service this period.  The evidence of record further shows that this service is accurately and correctly documented on the applicant’s NGB Form 22, with an effective date of
14 September 2004.  However, the evidence of record shows that the applicant’s NGB Form 55 (Honorable Discharge Certificate) incorrectly shows that she was discharged from the NYARNG and the Reserve of the Army on 9 September 2004.  Therefore, it would be appropriate to correct the applicant’s discharge certificate.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State of New York Army National Guard and Department of the Army records of the individual concerned be corrected by issuing the applicant a corrected NGB Form 55 (Honorable Discharge Certificate) showing she was honorably discharged from the Army National Guard of New York and the Reserve of the Army, effective 14 September 2004.




      _______ _   __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)                                         AR20080013306



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ABCMR Record of Proceedings (cont)                                         AR20080013306



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