BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120011673 


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 the following items on his DD Form 214 (Report of Separation from Active Duty) ending on 18 June 1976:

* Item 8(a) (Selective Service Number)
* Item 8(b) (Selective Service Local Board Number, City, State, and Zip Code)
* Item 9d (Effective Date)
* Item 13 (Terminal Date of Reserve/MSS (military service) Obligation)
* Item 15 (Date Entered Active Duty (AD) This Period)
* Item 18(a) (Net Active Service This Period)
* Item 18(c) (Total Active Service)
* Item 18 (d) (Prior Inactive Service)
* Item 18(e) (Total Service for Pay)

2.  He states, in effect, the information shown in each of these items is incorrect.  His DD Form 214 should show he entered on AD in 1975.  Item 15 of this DD Form 214 should show 7 March 1979.  His prior service in the Army National Guard (ARNG) is also not recorded.  

3.  He provides copies of his DD Form 214 and 1979 ARNG discharge orders.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers requests and statements to the applicant and 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's military record shows he enlisted in the Maryland ARNG (MDARNG), in pay grade E-1, on 10 January 1976, for 6 years.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the following:

* Item 36 (Selective Service No.) - NA
* Item 38 (Selective Service Local BD) - NA

3.  Special Orders Number 29 were issued by the State of Maryland Military Department, on 11 February 1976, ordering him to active duty for training (ADT) no later than 14 March 1976.

4.  He entered ADT on 14 March 1976.  He completed training and was awarded military occupational specialty 36K (Wireman).  He was honorably released from ADT on 18 June 1976 and reverted back to the MDARNG.  His DD Form 214 shows the following in:

* Item 8a - NA
* Item 8b - LB #NA
* Item 9d - 18 June 1976
* Item 13 - NA 
* Item 15 - 14 March 1976
* Item 18a - 3 months and 7 days
* Item 18c - 3 months and 7 days
* Item 18d - 2 months and 14 days
* Item 18e - 5 months and 11 days

5.  He was promoted to pay grade E-2 on 10 May 1976.  He was discharged from the MDARNG in pay grade E-2 on 7 March 1979 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  His National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) shows his terminal date of Reserve military service obligation as 9 January 1982 (6 years from 10 January 1976).  

6.  He was discharged from the USAR on 9 January 1982.

7.  Army Regulation 635-5 (Personnel Separation – Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  The regulation stated a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated for:

* Items 8a and 8b, enter Selective Service Number.  If member was not registered with Selective Service enter "NA" in both items; a copy of the DD Form 214 would be forwarded to the appropriate State Director of Selective Service if member was registered
* Item 9a, enter the effective date of separation
* Item 13, enter the terminal date of Reserve obligation
* Item 15 - enter the date entered AD this period
* Items 18a through f - enter all service less lost time

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he enlisted in the MDARNG on 10 January 1976 for a period of 6 years which established his terminal date of Reserve service as 9 January 1982.  He was discharged from the USAR on 9 January 1982.  Therefore, he is entitled to correction to Item 13 of his 1976 DD Form 214 to show 9 January 1982.

2.  The evidence of record shows he initially enlisted in the MDARNG on 10 January 1976.  He entered ADT on 14 March 1976.  He was released from ADT on 18 June 1976.  He was properly issued a DD Form 214 showing he served on ADT from 14 March 1976 through 18 June 1976.  There is no evidence of record and he provided none to show he served on AD prior to 14 March 1976.  Therefore, he is not entitled to correction to Items 9a and 15 of this DD Form 214 to show any other dates.

3.  The evidence of record also shows the information entered in Items 18a through f are the correction computations of his period of ARNG service from 10 January through 13 March 1976 and AD service from 14 March through 18 June 1976.  Notwithstanding the fact he was credited with 3 additional days of net active service on the DD Form 214, there appears to be no error in the information contained in these items.  Based on the foregoing, there is no basis for granting this portion of his request.
4.  At the time of his enlistment in the MDARNG on 10 January 1976, his DD Form 4 indicated he was not registered with the Selective Service.  In accordance with regulatory guidance Items 8a and b of his DD Form 214 would contain information if the member was registered with the Selective Service.  Therefore, he is not entitled to correction to these times on his 1976 DD Form 214 to show any other information.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x______  _x_______  __x______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 13 of the applicant's DD Form 214 ending on 18 June 1976 to show his terminal date of Reserve obligation as 9 January 1982.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction to the following on this DD Form 214:

* Item 8a and b
* Item 9d
* Item 15
* Items 18a through e



      _______ _   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)                                         AR20120011673





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ABCMR Record of Proceedings (cont)                                         AR20120011673



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