IN THE CASE OF:
BOARD DATE: 12 May 2009
DOCKET NUMBER: AR20080019382
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 his enlistment date be changed to 26 July 1996 and his discharge date be changed to 1999.
2. The applicant states he completed basic training on 26 July 1996 and was discharged in 1999. He further states he received his DD Form 214 (Certificate of Release or Discharge from Active Duty) on 25 October 2008.
3. The applicant provides no additional evidence or official documentation in support of his application.
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. The applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the Mississippi Army National Guard (MSARNG) on 19 March 1996, for a period of 8 years and the Split Training Option.
3. The applicant's Army National Guard (ARNG) Current Annual Statement, prepared on 1 April 1998, and his DA Form 2-1 (Personnel Qualification Record) shows he reported to active duty for basic combat training on 30 May 1996. On 27 July 1996, he completed basic combat training, was released from active duty, and returned to his ARNG status.
4. The applicant's ARNG Current Annual Statement, his DA Form 2-1, and his DD Form 214 show he entered active duty on 17 June 1997 to complete his advanced individual training (AIT).
5. On 7 August 1997, the applicant was awarded the military occupational specialty of 13B (Cannon Crewmember). On 13 August 1997, he was released from active duty and returned to his MSARNG unit. The applicant was issued a DD Form 214. Item 12a (Date Entered AD [active duty] This Period) contains the entry 1997 06 17 (1997 June 17). Item 12b (Separation Date This Period) contains the entry 1997 08 13 (1997 August 13).
6. Military Department, State of Mississippi, The Adjutant General's Office, Jackson, MS Orders 148-237, dated 20 August 1998, discharged the applicant from the MSARNG and as a Reserve of the Army, effective 1 September 1998, by reason of misconduct - abuse of illegal drugs with a general discharge, under honorable conditions.
7. The applicant was issued a NGB Form 22 (Departments of the Army and the Air Force, National Guard Bureau, Report of Separation and Record of Service) for his period of service in the MSARNG. Item 4 (Date of Enl [enlistment]) shows he enlisted on 19 March 1996. Item 8b (Effective Date) shows his effective date of discharge was 1 September 1998.
8. Army Regulation 635-5 (Separation Documents), then in effect, provided, in pertinent part, a list of authorized source documents to be used when completing a Soldier's DD Form 214. Included on this list is the DA Form 2-1.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his enlistment date and discharge date are incorrect. However, he was not specific as to the documents he was referring to. The only documents in his military personnel records jacket that these dates would refer to are his DD Form 214 and his NGB Form 22.
2. The applicant's DD Form 4 confirms his date of enlistment in the MSARNG as 19 March 1996. Therefore, the entry in item 4 of his NGB Form 22 is correct.
3. The applicant's DA Form 2-1 and his ARNG Current Annual Statement confirm he entered a period of active duty for AIT on 17 June 1997 and that he was released from active duty on 13 August 1998. Therefore, the entries in items 12a and 12b of his DD Form 214 are correct.
4. Orders 148-237, dated 20 August 1998, show the applicant was discharged from the MSARNG effective 1 September 1998. Therefore, the entry in item 8b of his NGB Form 22 is correct.
5. 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 that requirement.
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) AR20080019382
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ABCMR Record of Proceedings (cont) AR20080019382
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