IN THE CASE OF: 

		BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120006740 


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 (Report of Separation from Active Duty) to match his dates of service on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

2.  The applicant attributes this oversight to a typographical error.

3.  The applicant provides:

* DD Form 214
* NGB Form 22
* U.S. Army Reserve (USAR) Personnel Center (ARPERCEN), St. Louis, MO, Orders D-08-039688, dated 29 August 1984

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.  On 22 September 1978, the applicant enlisted in the Arkansas Army National Guard (ARARNG) for a period of 6 years.

3.  On 5 January 1979, he was ordered to active duty for training (ADT) for basic combat and advanced individual training (AIT).

4.  On 23 May 1979, he was released from ADT to the control of his ARARNG unit (Detachment 1, Headquarters and Headquarters Detachment, 39th Support Battalion, North Little Rock, AR) with an honorable character of service.  The DD Form 214 issued to him at the time shows in:

	a.  item 15 (Date Entered Active Duty This Period), he entered active duty on 5 January 1979;

	b.  item 9d (Effective Date), he was released from active duty on 23 May 1979;

	c.  item 18a (Net Active Service This Period), he completed 4 months and 19 days of active duty service;

	d.  item 18b (Prior Active Service), he had no prior active duty service; 

	e.  item 18c (Total Active Service), he completed 4 months and 19 days of total active duty service; and

	f.  item 18d (Prior Inactive Service), he had 3 months and 13 days of prior inactive service.

5.  On 4 March 1981, the applicant's detachment commander recommended his discharge from the ARARNG with a general character of service as a result of his repeated unauthorized absences.

6.  The applicant's NGB Form 22 shows he was discharged from the ARARNG with a general characterization of service on 9 March 1981 and transferred to the USAR Control Group (Annual Training) for completion of his Reserve obligation.  This form also shows he was a member of the ARARNG for 2 years, 5 months, and 18 days.

7.  ARPERCEN, St. Louis, MO, Orders D-08-039688, dated 29 August 1984, show the applicant was honorably discharged from the USAR Control Group (Annual Training) effective 21 September 1984.

8.  His record is void of any evidence and he has not provided any evidence that shows he completed any active duty service in addition to the active duty service reflected on his DD Form 214 for the period ending 23 May 1979.

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 also establishes the standardized policy for preparing and distributing the DD Form 214.

	a.  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.

	b.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

	c.  A DD Form 214 will be prepared for each Reserve Component Soldier:

		(1)  completing 90 days or more of continuous ADT, active duty for special work, temporary tours of active duty, or Active Guard Reserve service;

		(2)  separated for cause or physical disability regardless of the length of time served on active duty;

		(3)  transitioned from active duty after being called into Federal service under chapter 15 or Title 10, U.S. Code, section 12406, regardless of length of mobilization; or

		(4)  completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days.  This includes completion of AIT under the ARNG of the United States Alternate Training Program or the USAR Split Training Program.

	d.  The Soldier's transition date will be entered in item 9d.

	e.  The amount of service performed during this period, computed by subtracting item 15 from item 9d will be entered in item 18a.

	f.  From previously issued DD Forms 214, the total amount of prior active military service less lost time, if any, will be entered in item 18b.  If not applicable, enter "0  0  0."

	g.  The total amount of active duty service, computed by adding item 18a and 18b, will be entered in item 18c.

	h.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was carefully considered and determined to lack merit.

2.  The evidence shows the applicant was issued a DD Form 214 which accurately reflects his period of ADT from 5 January to 23 May 1979.

3.  Although the applicant remained a member of the ARARNG until 9 March 1981 and a member of the USAR Control Group (Annual Training) until 21 September 1984, his record is void of any evidence and he has not provided any evidence which shows he completed any qualifying active duty service in addition to the active duty service reflected on his DD Form 214 for the period ending 23 May 1979.

4.  In view of the foregoing, the applicant is not entitled to the requested relief.

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 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)                                         AR20120006740



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ABCMR Record of Proceedings (cont)                                         AR20120006740



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