BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090013015
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 his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard) to show he was mobilized from 13 May 1968 to 4 May 1969 and that he be provided with a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the same period.
2. The applicant states, in effect, that he did not review his NGB Form 22 and it contains a clerical error which incorrectly shows his period of mobilization. He further states he was never issued a DD Form 214 when he was released from active duty after his mobilization.
3. The applicant provides a copy of his NGB Form 22, a copy of his DD Form 214, a letter from the Adjutant General of Kansas with an attached roster, and copies of two web pages depicting Kansas Army National Guard history 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 provides a letter signed by the Adjutant General of the Kansas Army National Guard, dated 11 October 1968, and an attached listing which shows the applicant was mobilized into Federal service on 13 May 1968 in support of the Vietnam War and the Pueblo Incident while he was a member of the 995th Maintenance Company.
3. The NGB Form 22, dated 4 May 1969, provided by the applicant shows, in item 32 (Remarks) the entry "OAD [ordered to active duty] (Mobilized) 13 May 69 [sic] and relieved from AD 4 May 69."
4. The applicant's record does not contain a DD Form 214 and there is no evidence that shows he was issued a DD Form 214 for his period of mobilization from 13 May 1968 to 4 May 1969.
5. Army Regulation 635-5 (Personnel Separations Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his NGB Form 22 incorrectly reflects that his mobilized active duty tour began on 13 May 1969 and that he was not provided a DD Form 214 upon completion of his mobilized tour of active duty during the period 13 May 1968 through 4 May 1969 was carefully considered and found to have merit.
2. The applicant's NGB Form 22 incorrectly shows the date of his mobilized tour on active duty commenced on 13 May 1969. As a result, his NGB 22 should be corrected to show the beginning date of his mobilization as 13 May 1968.
3. Evidence of record confirms that the applicant was mobilized into Federal active duty service from 13 May 1968 to 4 May 1969. Therefore, it would be appropriate to issue the applicant a DD Form 214 for the period 13 May 1968 to 4 May 1969 to reflect his period of mobilization on active duty.
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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:
a. deleting from item 32 of his NGB Form 22 the entry "OAD (Mobilized)
13 May 69 and relieved from AD 4 May 69" and replacing it with the entry "OAD (Mobilized) 13 May 68 and relieved from AD 4 May 69"; and
b. issuing him a DD Form 214 for the period 13 May 1968 through 4 May 1969 to account for his period of mobilization on active duty.
___________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) AR20090013015
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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