BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100029400
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect that he retired from the Army National Guard (ARNG) with 20 years of service.
2. The applicant states the DD Form 214 sent to him reflects only 6 "years" of service. He served in the ARNG for 20 years.
3. The applicant provides no additional evidence.
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 enlisted in the North Carolina ARNG on 21 August 1979. He was ordered to initial active duty for training (IADT) on 10 October 1979 and was transferred to Fort McClellan, Alabama, to undergo basic training and then to Fort Lee, Virginia, to undergo advanced individual training.
3. He completed training and was honorably released from IADT on 11 April 1980. He was issued a DD Form 214 showing he completed 6 months and 2 days of active service.
4. On 2 September 1999, he was issued his Notification of Eligibility for Retired Pay at Age 60 (20-year letter).
5. On 31 January 2000, he was honorably discharged from the North Carolina ARNG and was transferred to the Retired Reserve. He was issued a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) showing he had 20 years, 5 months, and 10 days of service.
6. A review of his official records failed to show the applicant was ever issued a DD Form 214 after his IADT in 1980.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. Events that occur subsequent to the date the DD Form 214 is issued are not authorized for retroactive entry on that form as the DD Form 214 reflects only information that is in effect at the time the DD Form 214 is issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect his completion of 20 years of service in the ARNG has been noted and was found to lack merit.
2. The DD Form 214 is issued to reflect continuous periods of active duty service and the evidence of record shows he had only one period of service (IADT) that warranted the issuance of a DD Form 214.
3. Accordingly, his subsequent service in the North Carolina ARNG does not qualify for the issuance of a DD Form 214. However, he was properly issued an NGB Form 22 to document his service at the time of his retirement.
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 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:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100029400
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029400
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003090927C070212
The applicant requests that her DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period 14 August 1989 to 16 December 1989 be corrected to show her character of service as honorable vice uncharacterized. The applicant provides: On 6 May 1994, the State of North Carolina issued the applicant an Order and Certificate of Name Change which ordered the change of her last name from Cxxxer to Pxxxxll.
ARMY | BCMR | CY2007 | 20070004562
The applicant requests, in effect, correction of his military service records to show he transferred to the Retired Reserve, effective 15 June 2005. The evidence of record shows that the applicant elected to be discharged from the ARNG and as a Reserve of the Army with 19 years of creditable service for retired pay. Thus, the evidence of record shows that the applicant completed 20 creditable years of service prior to the date he was discharged from the ARNG and as a Reserve of the Army.
ARMY | BCMR | CY2009 | 20090000626
He claims that prior to his 16 August 1991 REFRAD, he had been issued five other separation documents, which characterized his service as Honorable and that he had continuously served in an active status in either the United States Army Reserve (USAR) or Army National Guard (ARNG), in both a commissioned and enlisted status, from 9 November 1976 through his placement on the Retired List on 7 July 1994, with no break in service. The DD Form 214 he was issued for this period of active duty...
ARMY | BCMR | CY2008 | 20080007563
The applicant requests, in effect, that his record be corrected to show he enlisted in the Regular Army (RA) in the rank of specialist (SPC)/pay grade E-4. The applicant's military records show he enlisted in the Army National Guard of North Carolina on 24 June 1993. Therefore, in view of the facts of this case, it would be appropriate to correct his enlistment contract, dated 8 November 2007, to show he enlisted in the rank and pay grade of SPC/E-4.
ARMY | BCMR | CY2012 | 20120007474
This change resulted in no National Guard warrant officers being promoted from January 2011 until 11 August 2011. NGB Policy Memorandum 11-015, Subject: Federal Recognition of WOs in the ARNG, dated 14 June 2011, states that ARNG WOs are initially appointed and are also promoted by the State or Territory to which the officer is assigned. The NGB issued orders extending Federal recognition to him as a CW4 effective 28 October 2011 despite him having been promoted by the State effective 18...
ARMY | BCMR | CY2008 | 20080003552
The applicants military service record shows he was appointed in the ARNG as an Armor officer, in the grade of 1LT/pay grade O-2, effective and with a DOR of 28 September 2006. These documents show, in pertinent part, the applicant was appointed as a Reserve commissioned officer of the Army, with appointment in the ARNG of the United States, in the grade of 2LT, effective 8 August 1992. b. These documents show, in pertinent part, the applicant was appointed as a Reserve commissioned...
ARMY | BCMR | CY2011 | 20110010661
In accordance with Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service), paragraph 2-1b(2), in order for a Soldier to be eligible they must "... not have elected to receive disability severance pay in lieu of retired pay at age 60. Reserve personnel involuntarily relieved from active duty who are not eligible for retired pay at time of release, but who are paid readjustment pay under the provisions of Title 10, U.S. Code 687, are eligible to receive retired pay...
ARMY | BCMR | CY2011 | 20110004741
The applicant states the Discussions and Conclusions portion of his previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings noted he had signed a letter requesting a delay in promotion on 19 February 2009 after mobilizing and that there was no evidence showing exactly when he accepted promotion. The NGB recommended the applicant's DOR and effective date of promotion to LTC be corrected to 11 February 2009, the date of his mobilization under the provisions of...
ARMY | BCMR | CY2011 | 20110010464
The applicant requests to be paid an Officer Affiliation Bonus of $10,000.00. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * assignment orders * Written Agreement Officer Affiliation Bonus Addendum * SRIP Contract * ARNG Information Management and Reporting Center Soldier Information printout * request for an exception to policy to receive the bonus CONSIDERATION OF EVIDENCE: 1. The available evidence shows she transitioned from AD to the...
ARMY | BCMR | CY2014 | 20140010456
The applicant requests payment of Retroactive Stop Loss Special Pay (RSLSP) for the period 4 October 2002 to 3 October 2003. The final RSLSP application deadline expired on 21 October 2012. f. The evidence provided with the applicant's application and the coupled applicable stop loss policy in place during his period of mobilization supports a recommendation to approve his application. As a result, the Board recommends that all Department of the Army and State ARNG records of the...