IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120007780 


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) for the period ending 7 September 1976 to show in:

* item 9e (Character of Service) the entry "Honorable" instead of "NA"
* item 21 (Time Lost) the entry "None" instead of "NA"

2.  The applicant states he does not know why "NA" was entered in these items.  However, the Federal Aviation Administration (FAA) Human Resources will not accept a DD Form 214 with "NA" in these items.

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 was inducted into the Army of the United States on
28 December 1965.  He was subsequently discharged on 16 March 1967 in the rank/grade of specialist five (SP5)/E-5 to accept a commission as an officer, effective 17 March 1967.

3.  He was relieved from active duty on 9 May 1972 in the rank of captain due to reduction in strength and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

4.  On 1 April 1974, he joined the Army National Guard (ARNG).  He entered active duty for training (ADT) on 1 October 1975 to attend the Transportation Officers' Advanced Course.

5.  On 7 September 1976, he was released from ADT.  He completed 11 months and 7 days of net active service during this period.  The DD Form 214 he was issued at the time shows in items 9e and 21, among other items, the entry "NA."

6.  His record shows he was assigned to the USAR Control Group (Retired) effective 16 April 1995 in the rank of lieutenant colonel (LTC) after having completed nearly 30 years of total service for pay purposes.

7.  A review of his records failed to reveal any evidence of adverse actions, of time lost under Title 10, U.S. Code, section 972, or of excess leave during the
2-year period preceding his period of ADT ending on 7 September 1976.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.

9.  Paragraph 2-6 of this regulation, in effect at the time, stated when information was omitted where no entry was appropriate "NA" was to be entered.  It prescribed the following for the items in question:

	a.  Enter the character of service in all capital letters in item 9e.

	b.  The information in item 21 was required by other Federal agencies and would include time lost under Title 10, U.S. Code, section 972 and time in an excess leave status for the preceding 2 years only.

10.  Army Regulation 635-100 (Personnel Separations – Officer Personnel), paragraph 1-5, stated that normally an officer's service was characterized as 


honorable when the officer was released from active duty and returned to USAR or ARNG control unless circumstances existed warranting a less favorable characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant continued serving in the military after he was released from the ADT period covered by the DD Form 214 for the period ending 7 September 1976.  He served until he was eligible for retirement, attaining the rank of LTC.  There is no evidence of adverse actions or any other basis for a character of service during this period of ADT of other than an "honorable."  Therefore, it would be appropriate to correct his DD Form 214 for the period ending
7 September 1976 show his character of service as "HONORABLE."

2.  There is no evidence the applicant accrued any time lost or excess leave during the 2 years preceding his ADT.  The regulation prescribed an entry of "NA" because he had no entry for time lost or excess leave.  However, because he states the FAA Human Resources will not accept a DD Form 214 with the "NA" entry in item 21, there would be no harm in correcting his DD Form 214 show the entry "None" instead of "NA."

3.  In view of the foregoing, the applicant's DD Form 214 for the period ending
7 September 1976 should be corrected as recommended below.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 9e of his DD Form 214 for the period ending
7 September 1976 the current entry and replacing it with the entry "HONORABLE," and
	b.  deleting from item 21 of his DD Form 214 for the period ending
7 September 1976 the current entry and replacing it with the entry "None."



      ___________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)                                         AR20120007780



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ABCMR Record of Proceedings (cont)                                         AR20120007780



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