BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090010976
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 item 9d (Effective Date) on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states, in effect, that the DD Form 214 shows conflicting dates for time served on active duty. He points out that item 18a (Net Active Service This Period) of his DD Form 214 shows he served 8 days, item 18b (Prior Active Service) shows he served 4 month and 3 days of prior active service, and item 18c (Total Active Service) shows he served 4 months and 11 days.
3. The applicant provides a self-authored letter, dated 24 June 2009; a letter from the National Personnel Records Center, St. Louis, MO, dated 15 July 1003; his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 9 August 1979; and the DD Form 214 in question 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 enlisted in the Georgia Army National Guard (GAARNG) on
23 August 1977 for a period of 6 years. His DA Form 2-1 (Personnel Qualification Record) shows he was ordered to active duty for training in 1978 for a period of 123 days. On 9 August 1979, he was discharged from the GAARNG due to being ordered to involuntary active duty.
3. The applicant was ordered to active duty on 10 August 1979. On 14 August 1979, he requested discharge for physical disability (a Medical Evaluation Board (MEB) found him unfit for retention in the military service by reason of physical disability which was found to have existed prior to his enlistment). He was honorably discharged effective 17 August 1979.
4. Item 9d on the applicant's DD Form 214 shows the entry "79 08 17"
[17 August 1979]. Item 18a (Net Active Service This Period) on his DD Form 214 shows the entry "00 00 08 [8 days]. Item 18b (Prior Active Service) on his DD Form 214 shows the entry "00 04 03" [4 months and 3 days]. Item 18c on his DD Form 214 shows the entry "00 04 11" [4 months and 11 days].
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for item 18 (Record of Service) all service shown in 18(a) through (f) will be less time lost under Title 10 (U.s. Code, section 972 and time lost subsequent to expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was ordered to active duty on
10 August 1979. Evidence of record also shows he was discharged effective
17 August 1979, which is properly reflected in item 9d of his DD Form 214. Therefore, there is insufficient evidence on which to amend item 9d of his DD Form 214.
2. The evidence of record supports the applicant's contention that he served
4 months and 11 days of active duty. Item 18a of his DD Form 214 shows he served 8 days (10 August 1979 to 17 August 1979) and item 18b shows his prior
active service (123 days of active duty for training in 1978), for a total of
4 months and 11 days which is properly reflected in item 18c of his DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090010976
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ABCMR Record of Proceedings (cont) AR20090010976
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