IN THE CASE OF:
BOARD DATE: 17 February 2010
DOCKET NUMBER: AR20090014845
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 3 August 1982 be corrected to reflect the beginning and ending date for all of his service.
2. The applicant states, in effect, that his DD Form 214 does not reflect all of his service in the Army National Guard (ARNG).
3. The applicant provides a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), a copy of his DD Form 214, and a copy of orders discharging him from the ARNG.
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 ARNG on 12 December 1982. He was ordered to initial active duty for training on 30 March 1982. He completed his basic training at Fort Jackson, South Carolina, and his advanced individual training as a tactical wire operations specialist at Fort Gordon, Georgia.
3. On 3 August 1982, he was released from active duty for training. He was issued a DD Form 214 to reflect his active duty service from 30 March 1982 to 3 August 1982.
4. On 11 December 1990, he was honorably discharged from the ARNG due to the expiration of his service obligation. He was issued an NGB Form 22 reflecting his ARNG service from 12 December 1981 to 11 December 1990.
5. He again enlisted in the ARNG on 17 January 1991 and on 30 November 1992 he was discharged under honorable conditions due to unsatisfactory participation. He was transferred to the U.S. Army Reserve Control Group (Reinforcement) and was issued an NGB Form 22 to reflect that service.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It is prepared for Reserve Component Soldiers completing 90 or more continuous active duty days for training, Full-Time National Guard Duty, active duty for special work, etc. Information/events that occur subsequent to the date covered by the DD Form 214 are not authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect his total service in the ARNG from 12 December 1982 to 30 November 1992 has been noted and found to lack merit.
2. The purpose of the DD Form 214 is to reflect a separation from active duty and provide a snapshot in time of information that existed at the time of separation. Inasmuch as the applicant was not serving on active duty for the entire period from 1982 to 1992, this service is not authorized in accordance with the applicable records to be entered on the DD Form 214.
3. The applicant was issued two NGB Forms 22 that correctly capture all of his ARNG service and there appears to be no basis to grant his request.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090014845
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