IN THE CASE OF:	  

		BOARD DATE:	       10 March 2009

		DOCKET NUMBER:  AR20080014386 


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 her records as follows:

	a.  correction of Item 7 (Date of Birth (DOB)) on her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 25 October 1997, to show her DOB as 26 December 1957 instead of 26 September 1957;

	b.  correction of Item 12e (Total Prior Inactive Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) from "002  02  08" to the correct entry; and

	c.  correction of her NGB Form 23A (Army National Guard Current Annual Statement) to show credit for her U.S. Army Reserve (USAR) service from December 1985 to September 1987. 

2.  The applicant states that she was in an inactive status from her Army National Guard unit for a period of 5 months, from 1 January 1990 to 1 May 1990 for maternity leave and that, aside from this period, she has never had any break in service.  She also states that she was not issued a DD Form 214 when she separated from the 1163 USAR School, since she had to be separated from the USAR in order to enlist in the Army National Guard.

3.  The applicant provided a copy of a self-authored statement, dated 14 August 2008; a copy of a letter, dated 16 January 2008, from the National Personnel Records Center, St. Louis, MO; a copy of her NGB Form 22, dated 25 October 
1997; copies of her DD Forms 214, dated 10 December 1985 and 6 September 1991; a copy of her DD Form 215 (Correction to DD Form 214), dated 4 December 1991; and a copy of her NGB Form 23a, dated 23 June 1997, in support of her request.

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 requests, in effect, correction of her chronological statement of retirement points, to show credit for her USAR service from December 1985 to September 1987.  However, she has not exhausted all administrative remedies available to her.  She was advised by separate correspondence to contact the U.S. Army Human Resources Command, St. Louis, for correction of her retirement points.  Therefore, the issue pertaining to correction of her retirement points will not be discussed further in this Record of Proceedings.

3.  The applicant's records show she enlisted in the USAR for a period of 3 years under the Delayed Entry Program (DEP) on 18 October 1976.  Item 7 (Date of Birth) of her DD Form 4 (Enlistment or Reenlistment Agreement) shows her DOB as 26 December 1957.  

4.  The applicant's records also show she remained in the DEP for 4 months and 27 days and subsequently enlisted in the Regular Army for a period of 3 years on 15 March 1977.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 52C (Power Generation Equipment Repairer).  Her records also show she executed a reenlistment in the Regular Army on 1 February 1980 for a period of 4 years and completed a second advanced individual training and was awarded MOS 73C (Finance Specialist).


5.  The applicant's records further show she attained the rank/grade of sergeant (SGT)/E-5 and was honorably discharged on 18 December 1985.  Item 5 (Date of Birth) of the DD Form 214 she was issued at the time shows her DOB as 26 December 1957.  This form further shows she completed a total of 8 years, 9 months, and 4 days of active Federal service and 4 months and 27 days of inactive service.

6.  The applicant's records also show she enlisted in the USAR for an unknown period on 19 December 1985.  A copy of her DD Form 4 pertaining to this period of enlistment is not available for review with this case.  She was assigned to Headquarters, State Area Readiness Command (STARC), New York, and was attached to the 1569th Transportation Company, New York, in MOS 88M (Vehicle Transport Operator).

7.  The applicant's records further show she remained in the USAR until 30 September 1987 when she enlisted in the New York Army National Guard (NYARNG) on 30 September 1987 to fulfill her remaining service obligations.  Item 6 (Date of Birth) of her NYARNG DD Form 4 shows her DOB as 26 December 1957.

8.  On 6 December 1990, the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm and subsequently served in Southwest Asia from 19 January 1991 to 2 August 1991.  She was honorably released from active duty to the control of her unit on 6 September 1991.  

9.  Item 5 of the DD Form 214 she was issued for this period shows her DOB as 26 December 1957.  Additionally, Item 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) show the entry "SEE BLOCK 18 (Remarks)."

10.  On 4 December 1991, the applicant was issued a DD Form 215 that adjusted her DD Form 214, dated 6 September 1991, to show she had completed 8 years, 9 months, and 4 days of prior active service and 2 years,
2 months, and 8 days of prior inactive service.

11.  On 25 September 1997, the Office of The Adjutant General, NYARNG, Latham, NY, published Orders 268-020, ordering the applicant's honorable discharge from the ARNG and transfer to the Retired Reserve, in the rank of sergeant (SGT)/E-5, effective 25 October 1997.  Item 7 of the NGB Form 22 she was issued shows her DOB as 26 September 1957.  




12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 12e shows the total amount of prior inactive service, less lost time, if any.  DEP time which began on or after 1 January 1985 will not be entered in this block; however, it is creditable service towards the fulfillment of statutory military service obligations (MSO).

13.  National Guard Regulation 600-200 (Enlisted Personnel Management), chapter 8 (Enlisted Separations) sets policies, standards, and procedures for the separation of enlisted personnel from the ARNG.  Table 8-2 provides the instructions for the preparation of the NGB Form 22.  It states that for Item 7, the instructions are "self explanatory."

14.  This regulation further states, in paragraph 8-18 (Amendments and corrections to NGB Form 22) that when determined from official records that NGB Form 22 contains an error or omission of pertinent facts, discharge authorities may issue NGB Form 22A (Correction of NGB Form 22).  The NGB Form 22A will be given or mailed to the individual concerned.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's DOB on her NGB Form 22, the evidence of records shows that the applicant enlisted on 18 October 1976, using her DOB as 26 December 1957.  This DOB is consistent with all her military records including all her available enlistment/reenlistment documents as well as her DD Forms 214.  It appears that her DOB was mistakenly typed as 26 September 1957 on her NGB Form 22.  Therefore, the NGB Form 22 should be corrected to show her correct DOB.

2.  With respect to the applicant's inactive service, the evidence of record shows that the applicant completed 4 months and 27 days of inactive service from 18 October 1976 (the date she enlisted in the DEP) to 14 March 1977 (the day prior to her enlistment in the Regular Army), and 1 year, 9 months, and 11 days of inactive service from 19 December 1985 (the date she enlisted in the USAR) to 29 September 1987 (the day prior to her enlistment in the ARNG), for a total of 2 years, 2 months, and 8 days.  This is correctly shown on her DD Form 215, dated 4 December 1991, which corrected her DD Form 214, dated 6 September 1991.  Therefore, there is no basis for any further action pertaining to this issue.
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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by deleting from Item 6 of the applicant's NGB Form 22, with an ending date of 25 October 1997, the entry "57  09  26" and replacing it with the entry "57  12  26."

2.  The Board further determined that the evidence presented was 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 correction of item 12e of her DD Form 214, dated 6 September 1991 (that was corrected by a DD Form 215, dated 4 December 1991) to show prior inactive service in excess of 2 years,
2 months, and 8 days.


															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)                                         AR20080014386



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ABCMR Record of Proceedings (cont)                                         AR20080014386



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