BOARD DATE:	26 August 2009

		DOCKET NUMBER:  AR20090007104 


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, that his DD Form 214 (Report of Separation from Active Duty) for the period ending 19 July 1986 be corrected to show he served 335 days on active duty.

2.  The applicant states that his DD Form 214 does not show the correct number of days he spent on active duty.  He further states that his recruiter made false statements on his enlistment documents and that he did not receive an enlistment bonus or his entitlement to the G.I. Bill. 

3.  The applicant provides a Standard Form 180 (Request Pertaining to Military Records), dated 2 December 1995.

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 1966/7 (Application for Enlistment - Armed Forces of the United States), dated 6 August 1985, shows that the applicant elected the enlistment option of 3 years to drill with Headquarters and Headquarters Company, 1st Battalion, 182nd Infantry and 5 years in the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR).

3.  A DD Form 4/1 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 9 August 1985, shows the applicant enlisted in the Massachusetts Army National Guard (MAARNG) on 9 August 1985 for a period of 8 years. 

4.  On 26 February 1986, the applicant was ordered to active duty for training (ADT) to undergo basic training and advanced individual training.  He completed his training as a combat signaler at Fort Gordon, Georgia and was released from ADT on 19 July 1986 and returned to his MAARNG unit. 

5.  Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows he entered active duty on 26 February 1986.  Item 12b (Separation Date this Period) shows the date of his release from active duty as 19 July 1986 and item 12c (Net Active Service this Period) shows 4 months and 24 days.  There is evidence in the applicant's military records that show he was ordered to active duty after his release from ADT.

6.  MAARNG Orders 104-6, dated 23 May 1988, show the applicant was discharged from the Army National Guard, effective 20 June 1988, due to unsatisfactory participation and transferred to the USAR Control Group (Annual Training).

7.  USAR Personnel Center Orders D-365410, dated 10 August 1993, show the applicant was honorably discharged from the USAR, effective 10 August 1993.

8.  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 contain guidance on the preparation and distribution of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service.


DISCUSSION AND CONCLUSIONS:

The applicant contends that his DD Form 214 should be corrected to show he served 335 days on active duty.  However, evidence of record shows that he was ordered to active duty on 26 February 1986 for the purpose of training and he was released from ADT on 19 July 1986.  His DD Form 214 with the period ending 19 July 1986 shows he served a total of 4 months and 24 days of active service.  There is no evidence and the applicant has not provided any evidence that shows he served 335 days on active duty.  Therefore, the active service period in item 12c on his DD Form 214 is presumed to be correct.

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)                                         AR20090007104



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ABCMR Record of Proceedings (cont)                                         AR20090007104



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