IN THE CASE OF:	  

		BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090006740 


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 correction of item 22a(2) (Other Service) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 April 1968 to add 10 months and 19 days.

2.  The applicant states prior to being inducted into the Army of the United States (AUS), he served with the Utah Army National (UTARNG) and this service was omitted from his DD Form 214. 

3.  The applicant provides his DD Form 214; a National Guard Bureau (NGB) Form 22 (Report of Separation) for the period ending on 13 April 1966; and Army National Guard (ARNG) Honorable Discharge Certificate, dated 13 April 1966.

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 NGB Form 22 submitted by the applicant shows he enlisted in the UTARNG on 25 May 1965 at Fort Douglas, UT.  It shows he served 10 months and 19 days and was honorably discharged on "13" [sic] April 1966 for induction into the AUS.  

3.  The applicant was inducted into the AUS on 13 April 1966.  On 12 April 1968, he was honorably released from active duty after completing 2 years of creditable active service with no time lost, and he was transferred to the U.S. Army Reserve (USAR) Control Group.

4.  Item 22a(1) (Net Service This Period) of the applicant’s DD Form 214 for the period ending 12 April 1968 shows the entry "2" years, "0" months, and "0" days. Item 22a(2) (Other Service) shows the entry "0" years, "0" months, and "0" days and item 22a(3) (Total) (Line (1) plus Line (2)) shows the entry "2" years, "0" months, and "0" days.

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he is entitled.  Therefore, it is important that information entered is complete and accurate.  It also established standardized policy for the preparation of the DD Form 214.  It stated that for Item 22a(2) enter all prior service excluding any service shown in item 22a(1).  This includes any period served in the USAR or the ARNG as a reservist not on active duty during the current enlistment. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add his prior ARNG service of 10 months and 19 days.  The Board recommends approval of his request, but notes his date of discharge from the UTARNG is incorrect by 1 day.


2.  The applicant served 10 months and 19 days in the UTARNG, enlisting on 25 May 1965.  Adding 10 months and 19 days to his enlistment date gives him a discharge date of 12 April 1966, not 13 April 1966.  This is verified by his active duty records.

3.  All active duty records show the applicant was inducted into the AUS on 13 April 1966 for 2 years.  His DD Form 214 shows he was honorably separated on 12 April 1968 with exactly 2 years of service.  The DD Form 214 does not reflect his UTARNG service.

4.  Because the Board accepts the applicant’s AUS induction date of 13 April 1966 as correct, his date of discharge from the UTARNG cannot be on the same date for two reasons.  First, a Soldier cannot be discharged and enlist on the same date; a Soldier is discharged on one day, followed by immediate enlistment on the following day.  Second, a UTARNG discharge date of 13 April 1966 would have given him 10 months and 20 days of National Guard service, not 10 months and 19 days.

5.  Therefore, item 22a(2) of the applicant's DD Form 214 should be amended to show 10 months and 19 days and item 22a(3) should be amended to show 2 years, 10 months, and 19 days.


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 Department of the Army records of the individual concerned be corrected by:

	a.  amending item 22a(2) of the applicant’s DD Form 214 to show 10 months and 19 days; and 

	b.  amending item 22a(3) of his DD Form 214 to show 2 years, 10 months, and 19 days.




      _______ _   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)                                         AR20090006740



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006740



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1