IN THE CASE OF:
BOARD DATE: 22 October 2009
DOCKET NUMBER: AR20090008724
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 National Guard Bureau (NGB) Form 23 (Army National Guard Retirement Credits Record) be corrected to show he entered active duty on 18 July 1976. He also requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to change his home of record (HOR) zip code to 90305.
2. The applicant states that he needs these corrections for a job.
3. The applicant provides his NGB Form 23 and his DD Form 214.
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 military records show that he enlisted in the Army National Guard (ARNG) on 1 December 1975 and was honorably discharged from the ARNG on 27 September 1976.
3. The NGB Form 23 provided by the applicant shows that he served on active duty from 18 January to 27 September 1976, and shows that he was credited with 67 retirement points (which indicates 67 days of active duty) for that period.
4. The applicant enlisted in the Regular Army on 21 March 1979. At that time his HOR address was listed on his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) as Inglewood, California 90305. However, his address was listed on his DD Form 1966 (Application for Enlistment - Armed Forces of the United States) as Inglewood, Los Angeles, California 90035.
5. The applicant was honorably discharged on 25 May 1979. The DD Form 214 he was issued shows his HOR zip code as 90035.
6. The applicants records contain a memorandum that shows, on 22 April 1998, the Board's staff informed the applicant that his records show one period of active service which was served from 21 March to 25 May 1979. He was further advised that the evidence shows that in 1980 the National Personnel Records Center (NPRC) informed him that his records contained no further evidence of ARNG service and it was recommended that he contact the ARNG in the state in which he served to verify his service.
7. An NGB Form 22A (Correction to NGB Form 22), dated 6 June 2005, shows the ARNG amended the applicant's NGB Form 22 (Report of Separation and Record of Service in the ARNG of California) to show his zip code as 90305.
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment packet and the correction made to the applicant's NGB Form 22 is evidence that the applicant's zip code is improperly recorded on his DD Form 214. Therefore, it would now be appropriate to change the zip code in Item 8c (HOR at Time of Entry Into Active Service) of his DD Form 214 to 90305.
2. There are no orders which show the exact dates the applicant served on active duty while a member of the ARNG in 1976. Therefore, there is insufficient evidence in which to grant this portion of his request. However, it would appear that an error was made on the applicant's NGB Form 23 based on the amount of retirement points (days) granted to the applicant (67) and the period this form is reporting that he served on active duty (from 18 January to 27 September 1976, a total of 250 days). It is recommended that the applicant contact the California ARNG to verify his active service and to request his NGB Form 23 be corrected.
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 all Department of the Army records of the individual concerned be corrected by deleting the zip code in Item 8c of his DD Form 214 and adding the zip code of 90305.
2. The Board further determined that the evidence presented is 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 changing his NGB Form 23 to show he entered active duty on 18 July 1976.
_______ _ 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) AR20090008724
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ABCMR Record of Proceedings (cont) AR20090008724
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