IN THE CASE OF:
BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100026980
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, that:
* he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his U.S. Army Reserve (USAR) active duty service from
7 March 1998 to 1 December 1998
* item 23 (Authority and Reason) on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) be amended
2. The applicant states:
* he just started a position with the Department of Defense and he wants credit for all of the active service he performed
* all he has is a DD Form 214 for his basic and advanced individual training in the New Jersey Army National Guard and an NGB Form 22
* he is missing information from the USAR for the period 7 March 1998 to
1 December 1998
* the 301st Signal Company never sent him a DD Form 214
* the narrative reason for separation should be changed because he finished his period of obligated service in accordance with his contract
3. The applicant provides:
* retirement points statement
* DD Form 214
* invitation letter
* Leave and Earnings Statements (LES)
* NGB Form 22
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. With regard to his request to correct his NGB Form 22, it appears he has not exhausted all administrative remedies available to him. Requests for administrative relief, submitted by Army National Guard officers and enlisted Soldiers not on active duty, are normally considered by the appropriate State Adjutant General. Therefore, he is advised to submit his request to the Adjutant General of the New Jersey Army National Guard or the Chief, NGB for correction of his NGB Form 22. This portion of his request will not be discussed further in these proceedings.
3. He enlisted in the New Jersey Army National Guard on 2 June 1989 for a period of 8 years. On 4 August 1989, he was ordered to active duty for training. On 9 November 1989, he was released from active duty training. His DD Form 214 shows he completed 3 months and 6 days of creditable active service.
4. On 27 September 1995, he was discharged under honorable conditions
(a general discharge) from the New Jersey Army National Guard under the provisions of National Guard Regulation 600-200, paragraph 8-27g, for unsatisfactory participant. He was transferred to the USAR Control Group (Reinforcement).
5. He provided active duty orders, dated 27 May 1998, which show he was ordered to active duty during the period 3 June 1998 to 17 June 1998 for training. He also provided LESs which show he performed unit training assemblies in March 1998, May 1998, and September 1998.
6. His retirement points detail statement shows he was ordered to active duty for training from 3 June 1998 to 17 June 1998.
7. He was honorably discharged from the USAR on 21 December 1999.
8. His U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points, prepared on 7 June 2011, shows his USAR service. He earned 15 active duty points for retirement year ending 1 June 1999.
9. Army Regulation 635-5 (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 a DD Form
214 will be prepared for all personnel after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support; and after completing initial active duty for training which resulted in the award of a military occupational specialty, even though the active duty was less than
90 days.
DISCUSSION AND CONCLUSIONS:
The applicant contends he should be issued a DD Form 214 for his active duty service in the USAR from 7 March 1998 to 1 December 1998. However, there is no evidence of record and he provided no evidence which shows he served on active duty in the USAR for the entire period from 7 March 1998 to 1 December 1998. The evidence does show he was ordered to active duty from 6 June 1998 to 17 June 1998 for training and he performed weekend drills in 1998 but there are no provisions for the issuance of a DD Form 214 for Reserve component Soldiers ordered to active duty for a period of less than 90 days. Therefore, there is no basis for granting his request for a DD Form 214.
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) AR20100026980
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100026980
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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