IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100015262
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 correction of his branch or class shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the following:
* he did not join the National Guard
* he applied for health benefits through the Department of Veterans Affairs
* the Department of Veterans Affairs told him that he was not eligible for benefits because he had joined the National Guard
* he joined the Army for 2 years and received an honorable discharge due to family issues
3. He provides a copy of his DD Form 214 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 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. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he enlisted in the Regular Army on 11 April 1969 for a period of 2 years.
3. He was honorably released from active duty on 14 May 1969 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 6, by reason of hardship and transferred to the U.S. Army Reserve Control Group (Standby) on the following day.
4. Item 4 (Department, Component and Branch or Class) of his DD Form 214 shows the entries "Army," "RA" [Regular Army], and "UNASG" [unassigned].
5. Letter orders published on 11 June 1969 discharged him from the U.S. Army Reserve effective 11 June 1969.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. 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. The version in effect at the time directed to enter "ARMY" in capital letters and the component and branch in which serving immediately prior to separation in item 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the Regular Army from 11 April 1969 through 14 May 1969. He was transferred to the U.S. Army Reserve Control Group (Standby) after he was separated from active duty.
2. Due to the fact that he did not complete initial entry training, he was not awarded a military occupational specialty or assigned to a specific branch. Therefore, item 4 of his DD Form 214 properly shows his branch as unassigned.
3. His service record does not include any evidence which shows he served in the National Guard.
4. Based on Army Regulation 635-5, the DD Form 214 is meant to reflect his status as of his last day of active duty on 14 May 1969. Therefore, his DD Form 214 is correct as currently constituted and there is no basis for granting his request. The Department of Veterans Affairs may be confusing the term "UNASG" with "ARNG" (Army National Guard).
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) AR20100015262
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ABCMR Record of Proceedings (cont) AR20100015262
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