IN THE CASE OF:	   

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120002155 


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, correction to item 2 (Department, Component, and Branch) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "Army/Army National Guard (ARNG)" to "Army."

2.  The applicant states he was released into the ready reserve.

3.  The applicant provides an eligibility report dated, 26 January 2012, and a    DD Form 214 for the period ending 5 February 1988.

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.  After having had prior enlisted service the applicant was appointed in the rank/grade of second lieutenant/O-1 in the New Hampshire ARNG (NHARNG) on 10 August 1980 and served as a field artillery (FA) officer.

3.  His record contains a letter from the U.S. Army Military Personnel Center, Alexandria, VA, dated 8 January 1985.  The letter congratulated him for his selection for a call to active duty for a period of three years as an FA officer.

4.  Orders Number 33-200-A-1, issued by Headquarters, U.S. Army FA Center and Fort Sill, OK, on 2 February 1985, ordered him to active duty for a period of three years and assigned him to Germany.

5.  Orders Number A-02-000128, issued by the Office of the Adjutant General, U.S. Army, Reserve Components Personnel and Administration Center, St. Louis, MO, on 7 February 1985, stated his 36-month assignment to Germany was as part of the "200 ARNG captains to Europe program."

6.  Orders Number 66-7, issued by the NHARNG on 9 April 1985, stated he had been voluntarily ordered to active duty in excess of six months and would not be included against the end strength of the active or inactive NG while serving on active duty.

7.  On 23 March 1987, he applied for conditional voluntary indefinite extension of active duty.

8.  His record contains a letter from the U.S. Army Military Personnel Center, Alexandria, VA, dated 23 October 1987.  This letter informed him his request for a conditional voluntary indefinite extension of active duty had been reviewed by an Army selection board and had been denied.  He was further informed reserve officers not recommended for retention on active duty were required to be released from active duty, and consequently he was to be released from active duty no later than 7 February 1988.

9.  Orders Number 036-215, issued by Headquarters, U.S. Army Training Center and Fort Dix, NJ, on 5 February 1988, ordered him transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) upon his discharge from active duty.


10.  His DD Form 214 shows he was honorably released from active duty on 
5 February 1988.  Item 2 of this form contains the entry "Army/NHARNG" and item 9 (Command to Which Transferred) shows he was transferred to the USAR Control Group (Reinforcement).

11.  His record contains a memorandum from the NHARNG to the U.S. Army Military Personnel Center requesting item 9 of his DD Form 214 be corrected from "USAR Control Group Reinforcement" to "Headquarters, State Area Command (STARC), Detachments 1 and 2, NHARNG, State Military Reservation, Concord, NH  03301-5353."  The request is supported by a reference to National Guard Regulation (NGR) 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions), paragraph 4-2b, which states an officer of the National Guard will be attached to Headquarters, STARC as an additional officer of that headquarters for periods in excess of six months.  Upon release from active duty, the officer will continue to be carried as an additional active officer of the headquarters for six months until reassigned to a vacancy.

12.  His record contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which shows he entered the NHARNG on    10 August 1980 and was honorably discharged from the ARNG and transferred to the USAR on 24 July 1989.  This form shows that he completed 8 years,       11 months, and 15 days of net service during this period.

13.  NGR 600-100, paragraph 4-2b. (Assignments), in effect at the time states in time of peace an officer of the ARNG who is ordered to Federal active duty for a period in excess of six months shall be transferred to and carried as an additional officer of the Headquarters, STARC for the period of such active duty.  The officer will not be included in the strength of the active or inactive ARNG while on active duty.  Upon release from active duty, the officer will continue to be carried as an additional active officer of the headquarters detachment for a period not to exceed six months.

14.  Army Regulation 635-5 (Separation Documents), paragraph 2–8 (DD Form 214 instructions), in effect at the time, shows the following instructions for placing entries on the DD Form 214 in: 

* item 2:  Enter in capital letters, ARMY/RA (or ARNG/USAR) and career branch for commissioned officers
* item 9:  when an ARNG Soldier is released from active duty and will be returned to the ARNG then the entry is ARNG of (State)


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the entry in item 2 of his DD Form 214 should be changed from "Army/ARNG" to "Army" because item 9 of his DD Form 214 shows he was released to the USAR Control Group (Reinforcement).

2.  The entry in item 2 of his DD Form 214 is correct because he belonged to the ARNG.  He was only temporarily ordered to active duty, but never assessed as an active duty officer.  Therefore, item 2 of his DD Form 214 should be left unchanged.

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)                                         AR20120002155





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ABCMR Record of Proceedings (cont)                                         AR20120002155



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