IN THE CASE OF:	

		BOARD DATE:	7 July 2009  

		DOCKET NUMBER:  AR20090003903 


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 the total prior active service shown on his separation documents.

2.  The applicant states, in effect, that he attended One Station Unit Training (OSUT), Phase I (Basic Training), from 27 June to 13 August 1993; however, he was not issued a DD Form 220 (Active Duty Report), but instead received a memorandum to document this service.  He also states that he attended OSUT, Phase II (Advanced Individual Training (AIT)), from 26 June to 19 August 1994, and was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty).  The applicant adds, as a result, the Department of Veterans Affairs (VA) does not recognize his Basic Training at Fort Benning, Georgia, as time served on active duty.  He concludes by stating that he is a New York State employee and is trying to purchase active duty service credit.

3.  The applicant provides, in support of his application, copies of Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, memorandum, dated
13 August 1993, subject:  Completion of Basic Combat Training (BCT); three
DD Forms 214 with effective dates of 19 August 1994, 16 August 2002, and
4 February 2005; NGB Form 22 (Report of Separation and Record of Service) with an effective date of 20 October 2005; and VA, New York, NY, letter, dated 21 December 2008.


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.  A DD Form 4 (Enlistment/Reenlistment Document) with Annexes A, B, and C, show, in pertinent part, that the applicant enlisted in the Army National Guard of the United States (ARNGUS) for a period of 8 years on 11 May 1993 under the Split Training (BCT/AIT) Option.  This documentation shows that the applicant certified he could not complete BCT and AIT during one continuous period because of a school or seasonal employment conflict.

3.  A DA Form 2-1 (Personnel Qualification Record) shows in Item 35 (Record of Assignments), in pertinent part, that Headquarters, Military Entrance Processing Station, Albany, New York, Orders 093-010, dated 11 May 1993, ordered the applicant to nine weeks of Initial Active Duty Training (IADT) as an infantryman trainee with a reporting date of 27 June 1993.  This item also shows the applicant subsequently reported for active duty training (ADT) on 26 June 1994 for OSUT at the 30th Adjutant General Battalion (Reception), Fort Benning, Georgia; attended OSUT for training in military occupational specialty (MOS) 11B00 (Infantryman) while assigned to Company D, 1st Battalion, 19th Infantry, U.S. Army Infantry Training Brigade, Fort Benning, Georgia.  This item further shows the applicant was released from ADT on 19 August 1994 to revert to the ARNGUS.

4.  An Army National Guard Retirement Points History Statement, dated 7 March 2006, in pertinent part, shows the applicant served as an ARNG unit member on Initial Entry Training (IET) from 27 June to 13 August 1993 and from 26 June to 19 August 1994.

5.  In support of his application, the applicant provides the following documents.

	a.  Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, memorandum, dated 13 August 1993, subject:  Completion of BCT, that shows the applicant completed the initial phase of OSUT from 27 June to 13 August 1993; the memorandum was issued in lieu of a DD Form 220; and the applicant had not completed Phase II of OSUT.

   b.  A DD Form 214 that shows the applicant entered active duty this period on 26 June 1994; was honorably released from ADT on 19 August 1994, under self-terminating orders; and transferred to his New York ARNG (NYARNG) unit.  Item 12 (Record of Service), block c (Net Active Service This Period), shows he completed 1 month and 24 days; block d (Total Prior Active Service) shows
1 month and 17 days; and block e (Total Prior Inactive Service) shows 11 months and 28 days.

   c.  A DD Form 214 that shows the applicant entered active duty this period on 4 March 2002; was honorably released from active duty (REFRAD) on 16 August 2002, under the provisions of Army Regulation 635-200 (Personnel Separations -Enlisted Personnel), chapter 4, based on completion of required active service; and transferred to his NYARNG unit.  Item 12, block c, shows he completed
5 months and 13 days of net active service this period.  Item 12, blocks d and e, fail to show he had completed any prior active or inactive service.

   d.  A DD Form 214 that shows the applicant entered active duty this period on 1 October 2003; was honorably REFRAD on 4 February 2005, under the provisions of Army Regulation 635-200, chapter 4, based on completion of required active service; and transferred to his NYARNG unit.  Item 12, block c, shows he completed 1 year, 4 months, and 4 days of net active service this period and block d shows 7 months and 7 days of total prior active service.  Item 12, block e, fails to show he had completed any prior inactive service.

   e.  An NGB Form 22 that shows he enlisted on 11 May 1993 and was honorably separated on 20 October 2005, under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-26(a)(2), discharge from State ARNG and/or Reserve of the Army.  Item 10 (Record of Service), block a (Net Service This Period), shows he completed 12 years,
5 months, and 10 days; block d (Total Service for Pay) shows 12 years,
5 months, and 10 days; and block e (Total Service for Retired Pay) shows
11 years, 9 months, and 20 days.  Item 10, block b (Prior Reserve Component Service) and block c (Prior Active Federal Service), fail to show that he completed any prior Reserve Component or active Federal service.
   
   f.  VA, New York, NY, letter, dated 21 December 2008, that shows, in pertinent part, VA records document that the applicant had honorable service from 26 June to 19 August 1994, honorable service from 4 March to 16 August 2002, and honorable service from 1 October 2003 to 4 February 2005.
6.  Army Regulation 635-5, (Personnel Separations - Separation Documents), in effect at the time, prescribed 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 established 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, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

7.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time the applicant retired from active duty, contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc., are based upon the information contained herein.

   a.  Block a (Date Entered AD This Period) states to enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued under paragraph 1-4b(5).

   b.  Block b (Separation Date This Period) states to enter the separation date this period.  (Separation date may not be the contractual date if extended for make-up of lost time or Soldier has been held over for the convenience of the Government.)

   c.  Block c (Net Active Service This Period) states to enter the amount of service this period (subtract 12a from 12b).  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after expiration term of service, if any, will be deducted.

   d.  Block d (Total Prior Active Service) states to enter the total amount of prior active military service less lost time, if any.  If there was no prior active service, enter "00  00  00."

   e.  Block e (Total Prior Inactive Service) states to enter the total amount of prior inactive service, less lost time, if any.  Delayed Entry Program time which begins on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block, but it is creditable service towards the fulfillment of the statutory military service obligation date in item 12, block i.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his separation documents should be corrected to show his correct total prior active service because his IADT for BCT was not recorded on a DD Form 214 and this has resulted in its omission from subsequent separation documents.

2.  The evidence of record shows the applicant enlisted in the ARNGUS on
11 May 1993, entered active duty for IADT on 27 June 1993, and was honorably released from IADT on 13 August 1993.

   a.  A service computation for the period from 11 May through 26 June 1993 shows that it equates to 1 month and 16 days of inactive service.

   b.  A service computation for the period from 27 June through 13 August 1993 shows that it equates to 1 month and 17 days of active service.
   
3.  The evidence of record shows the applicant reverted to duty with his NYARNG unit on 14 August 1993, was ordered to ADT on 26 June 1994, and honorably released from ADT on 19 August 1994.

   a.  A service computation for the period from 14 August 1993 through 25 June 1994 shows that it equates to 10 months and 12 days of inactive service.

   b.  A service computation for the period from 26 June through 19 August 1994 shows that it equates to 1 month and 24 days of active service.

	c.  In addition, the sum of the applicant’s two periods of inactive service (as outlined above) shows that it equates to 11 months and 28 days of total (prior) inactive service.

   d.  The evidence of record shows that the two periods of active service (as outlined in paragraphs 2b and 3b, above) are accurately documented (in item 12, blocks d and c, respectively) of the applicant’s DD Form 214 with an effective date of 19 August 1994.  In addition, the applicant’s total (prior) inactive service (as outlined in paragraphs 2a, 3a, and 3c) is also accurately documented (in item 12, block e) of the DD Form 214.  Therefore, the applicant is not entitled to correction of his DD Form 214 with an effective date of 19 August 1994.

4.  The evidence of record shows the applicant reverted to duty with his NYARNG unit on 20 August 1994, was ordered to active duty on 4 March 2002, and honorably REFRAD on 16 August 2002.

   a.  A service computation for the period from 20 August 1994 through
3 March 2002 shows that it equates to 7 years, 6 months, and 14 days of inactive service.

   b.  A service computation for the period from 4 March through 16 August 2002 shows that it equates to 5 months and 13 days of active service.

	c.  In addition, the sum of the applicant’s three periods of prior inactive service (as outlined above) shows that it equates to 8 years, 6 months, and 12 days of total prior inactive service.

	d.  Additionally, the sum of the applicant’s two periods of prior active service (as outlined above) shows that it equates to 3 months and 11 days of total prior active service.

   e.  The evidence of record shows that the applicant’s period of net active service this period is accurately documented on his DD Form 214 with an effective date of 16 August 2002.  However, the applicant’s total prior active service and total prior inactive service are not documented on this DD Form 214.  Therefore, based on the foregoing, it would be appropriate to correct this
DD Form 214 to show he completed 3 months and 11 days of total prior active service and 8 years, 6 months, and 12 days of total prior inactive service.

5.  The evidence of record shows the applicant reverted to duty with his NYARNG unit on 17 August 2002, was ordered to active duty on 1 October 2003, and honorably REFRAD on 4 February 2005.
   
   a.  A service computation for the period from 17 August 2002 through
30 September 2003 shows that it equates to 1 year, 1 month, and 14 days of inactive service.

   b.  A service computation for the period from 1 October 2003 through
4 February 2005 shows that it equates to 1 year, 4 months, and 4 days of active service.

	c.  In addition, the sum of the applicant’s four periods of prior inactive service (as outlined above) shows that it equates to 9 years, 7 months, and 26 days of total prior inactive service.

	d.  Additionally, the sum of the applicant’s three periods of prior active service (as outlined above) shows that it equates to 8 months and 24 days of total prior active service.

   e.  The evidence of record shows that the applicant’s period of net active service this period is accurately documented on his DD Form 214 with an effective date of 4 February 2005.  However, the applicant’s total prior active service is not accurately recorded on the DD Form 214 and his total inactive service is not documented at all on this DD Form 214.  Therefore, based on the foregoing, it would be appropriate to correct this DD Form 214 to show he completed 8 months and 24 days of total prior active service and 9 years,
7 months, and 26 days of total prior inactive service.

6.  The evidence of record shows the applicant reverted to duty with his NYARNG unit on 5 February 2005 and was honorably discharged on 20 October 2005.
   
   a.  A service computation for the period from 5 February 2005 through
20 October 2005 shows it equates to 8 months and 16 days of inactive service.

   b.  A service computation for the period of the applicant’s service from 11 May 1993 through 20 October 2005 shows that it equates to 12 years, 5 months, and 10 days of service.

	c.  In addition, the sum of the applicant’s four periods of prior active service (as outlined above) shows that it equates to 2 years and 28 days of total prior active Federal service.

   d.  The evidence of record shows that the applicant’s period of net service (this period) and total service for pay is accurately documented on his NGB Form 22 with an effective date of 20 October 2005.  However, the applicant’s prior active Federal service is not documented on this NGB Form 22.  Therefore, based on the foregoing, it would be appropriate to correct the NGB Form 22 to show he completed 2 years and 28 days of prior active Federal service.

7.  In view of the foregoing, the applicant’s State Army National Guard and Department of the Army records should be corrected as recommended below.

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 Army National Guard and Department of the Army records of the individual concerned be corrected by:

   a.  correcting item 12 of his 16 August 2002 DD Form 214 by:
   
(1) deleting from block d the entry "0000  00  00" and adding to block d
the entry "0000  03  11"; and

(2)  deleting from block e the entry "0000  00  00" and adding to block e
the entry "0008  06  12";

   b.  correcting item 12 of his 4 February 2005 DD Form 214 by:
   
(1) deleting from block d the entry "0000  07  07" and adding to block d
the entry "0000  08  24"; and

(2)  deleting from block e the entry "0000  00  00" and adding to block e
the entry "0009  07  26"; and

   c.  correcting item 10 of his 20 October 2005 NGB Form 22 by:
   
(1) deleting from block c the entry "00  00  00" and adding to block c
the entry "02  00  28".




      _______ _   _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)                                         AR20090003903



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ABCMR Record of Proceedings (cont)                                         AR20090003903



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