BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120009726
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) and her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) be "updated" to show all of her training and the exact dates of "tours."
2. The applicant states the errors on these forms were most likely due to mistakes made by administrative personnel. She needs the corrections to assist her with her Department of Veterans Affairs (VA) benefits and medical care. She completed an additional period of training and served in Panama and Guatemala, each for a period of 8 weeks.
3. The applicant provides copies of her DD Form 214, one page of a National Guard Retirement Points Annual Statement, an NGB Form 23 (Army National Guard Retirement Credits Record), and a Social Security Administration award letter.
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 applicants 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 applicants 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 Louisiana Army National Guard ARNG on 17 October 1980. She entered initial active duty training (IADT) on 2 February 1981, completed training, and was awarded military occupational specialty (MOS) 64C (Motor Transport Operator).
3. She was released from active duty and returned to her ARNG unit on 2 June 1981. Her DD Form 214 shows completion of Motor Transport Operator's training.
4. The applicant's NGB Form 23 and ARNG Annual Statements show ARNG service from 17 October 1980 through 16 October 1995. Except for her 137 days of IADT and a 31 day period in 1986, the applicant is not shown to have had any active duty service other than her two-week periods of annual training.
5. Her NGB Form 22 provides the following:
a. ARNG service from 17 October 1980 through 16 October 1995; and
b. completion of Motor Transport Operator course (1981), Primary Leadership Development Course (1986), and Carpentry and Masonry Specialist course (1990).
6. The record does not show any periods of service in either Panama or Guatemala.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.
a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
b. A DD Form 214 is issued to Reserve component (RC) Soldiers who complete IADT with award of an MOS, complete 90 days or more of continuous
active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, Active Guard Reserve service, and RC Soldiers who were mobilized under Title 10, U.S. Code.
DISCUSSION AND CONCLUSIONS:
1. The ABCMR does not have the authority to correct the NGB Form 22. This is a State document reflecting her service in the ARNG. Issues related to this form must be addressed to the Louisiana Army National Guard Office of the State Adjutant General or the NGB.
2. The applicant was issued a DD Form 214 upon her release from active duty following her IADT. This is the only period of active duty Federal service of record, as such it is the only period for which a DD Form 214 is authorized.
3. The applicant's additional periods of active duty training were less than the required 90 days in duration for issuance of a DD Form 214.
4. The record does not contain and the applicant has not provided any evidence that she had any service in Panama or Guatemala. Even if she did serve in either of these two locations her reported period of service would be insufficient to warrant issuance of a DD Form 214.
5. The DD Form 214 is a static document, reflecting a Soldier's service as of the date of release from active duty. The items the applicant is seeking to be added did not occur while she was on active duty but as a part of her ARNG service and as such no correction to the applicant's record is warranted.
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) AR20120009726
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ABCMR Record of Proceedings (cont) AR20120009726
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