IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100028597
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 removal from item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) the entry:
Released from Active Duty and returned to state control as a member of the Army National Guard of Texas to complete remaining service obligation of 1 year, 5 months, and 27 days
2. The applicant states the entry is in error. He was discharged from the Texas Army National Guard (TXARNG) on the same date he was released from active duty.
3. The applicant provides his DD Form 214.
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. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair/impartial review of this case.
3. His records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States) that shows he reenlisted in the TXARNG for a period of 1 year on 18 June 1960. Item 32 (Prior Service) of this form shows he previously:
* enlisted in the ARNG on 18 June 1954 and he was honorably separated on 17 June 1957
* reenlisted in the ARNG on 18 June 1957 and he was honorably separated on 17 June 1960
4. It appears that upon expiration of his 1-year enlistment on 18 June 1961, the applicant reenlisted or extended in the ARNG for an unknown term. His DD Form 214 shows he was ordered to and entered active duty from the ARNG on 1 October 1961 per Executive Order 10957, dated 10 August 1961.
5. While on active duty, he completed the Armor Track Vehicle Mechanic Course from 4 October 1961 to 2 February 1962. He was honorably released from active duty on 9 August 1962 and he was transferred to the ARNG, Headquarters Troop, 5th Reconnaissance Squadron, 112th Armor, Fort Worth, TX. This form also shows in:
* Item 11 (Type of Transfer or Discharge) - Released to ARNG of Texas
* Item 18 (Terminal Date of Reserve Obligation) - 6 February 1964
* Item 32 - Released from Active Duty and returned to state control as a member of the Army National Guard of Texas to complete remaining service obligation of 1 year, 5 months, and 27 days
6. He submitted a National Guard Bureau (NGB) Form 55 (Honorable Discharge Certificate) that shows he was honorably discharged from the ARNG on 9 August 1962. However, no accompanying ARNG separation orders or NGB Form 22 (Report of Separation and Record of Service) were provided.
7. 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 and states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty and 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 stated:
a. Item 11a, enter appropriate entry such as "Released to ARNG on (date)." If the enlisted person entered on active duty from the ARNG and is being released from active duty prior to the expiration of his enlistment in the ARNG, the entry "Released to ARNG (date) see item 32" will apply. An entry in item 32 is entered for the period for which released to the ARNG.
b. Item 32 is used to complete entries too long for their respective blocks. If the entry in item 11a indicates the enlisted member was released from active duty and returned to the ARNG, enter the entry "Item 11a - Released from active duty and returned to State control as a member of the ARNG of (State) to complete remaining service obligation of (years and months).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the entry in the Remarks block regarding his return from active duty to the ARNG should be removed from his DD Form 214.
2. The applicant served in the ARNG through two enlistments, from 18 June 1954 through 17 June 1957 and 18 June 1957 through 17 June 1960. He reenlisted in the ARNG on 18 June 1960 for 1 year. His term would have ended on 17 June 1961.
3. Since he was ordered to active duty from his ARNG status on 1 October 1961, it appears that at some time after 17 June 1961 he reenlisted or extended in the ARNG. Upon completing his required active service, he was released back to his ARNG status on 9 August 1962 with a terminal date of Reserve obligation through 6 February 1964. He had 1 year, 5 months, and 27 days of remaining service obligation (from 9 August 1962 through 6 February 1964) which is properly shown in item 32 of his DD Form 214.
4. In the absence of a separation order from the ARNG or an NGB 22 confirming the exact date of termination of his remaining service obligation, it is presumed the entries in item 18 and 32 are correct and there is insufficient evidence to remove either entry.
5. In any case, the applicant could not have been discharged from his ARNG status while he was serving on active duty. He could only have been released from active duty, returned to his State ARNG, and his State ARNG would have had to issue discharge orders and separation documents.
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) AR20100028597
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ABCMR Record of Proceedings (cont) AR20100028597
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