IN THE CASE OF:	  

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120020160 


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 of her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show a date earlier than 23 December 1980
* Correction of item 16 (High School Graduate or Equivalent) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Yes" vice "No"

2.  The applicant states, in effect, her NGB Form 22 is incorrect because she entered active duty for training on 1 April 1980.  She adds that her equivalency diploma was not acknowledged because she was under a formal married name at the time of enlistment.  She was also denied a home loan because she did not serve long enough in the Army.

3.  The applicant provides:

* NGB Form 22 and DD Form 214
* U.S. Army Reserve (USAR) Honorable Discharge Certificate
* New York Army National Guard (NYARNG) Honorable Discharge Certificate
* High School Equivalency Diploma
* Diploma for Human Relations Course of Study
* Marriage certificate
* Certificate of appreciation
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 records show she enlisted in the USAR for 6 years on 26 March 1980.  Her DD Form 4 (Enlistment/Reenlistment Document) and allied documents listed her last name as "Taxxxra." 

3.  Item 22 (Verification of Personal Data) of her DD Form 1966/2 (Application for Enlistment) shows she attended Morris High School, Bronx, NY from February 1962 to June 1963 but she did not graduate.  

4.  She entered ADT on 1 April 1980.  She completed the required training and she was awarded military occupational specialty 72E (Telecommunications Center Operator).  She was honorably released from ADT to the control of the USAR on 2 September 1980.  

5.  Her DD Form 214 shows she completed 5 months and 2 days of creditable active service.  Item 16 of this form shows an "X" in the "No" block indicating she had not graduated from high school or an equivalent education. 

6.  On 7 December 1980, she requested a conditional release from the USAR for the purpose of enlisting in the ARNG.  

7.  She enlisted in the NYARNG on 23 December 1980.  Her DD Form 4 and allied documents listed her last name as "Taxxxra."  Item 22 of her DD Form 1966/2 shows she attended Morris High School, Bronx, NY from February 1962 to June 1963 but she did not graduate.  

8.  Her record contains a certificate, undated and under a different name, that shows she satisfactorily completed the comprehensive examination requirements prescribed by the State of NY and is entitled to a High School Equivalency Diploma, issued under seal of the University of Albany in the 1970 series. 
9.  Item 17 (Civilian Education and Military Schools) of her DA Form 2-1 (Personnel Qualification Record) shows she received a General Educational Development (GED) diploma in 1970.  

10.  She was honorably separated from the NYARNG on 30 April 1985 and she was transferred to the USAR Control Group (Annual Training) to complete her remaining military service obligation (MSO).  Her NGB Form 22 shows in:

* Item 4 (Date of Enlistment) - 80-12-23
* Item 8b (Effective Date [of Separation]) - 85-04-30
* Item 10a (Record of Service - Net Service This Period) - 04-04-08
* Item 10b (Prior Reserve Component Service) - 00-03-04
* Item 10c (Prior Active Federal Service) - 00-05-02
* Item 14 (Highest Education Level Successfully Completed) - GED

11.  She was honorably discharged from the USAR on 25 March 1986 (6 years from the date of enlistment of 26 March 1980) by reason of completion of her MSO. 

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program.

13.  National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the ARNG enlisted Soldiers.  It states, when preparing the NGB Form 22:

* Item 4 shows the date of enlistment and is obtained from the latest 
		DD Form 4
* Item 8b shows the effective date of separation or discharge and is obtained from the discharge/separation order
* Item 14 shows the highest civilian education level attained and is obtained from item 17 of the DA Form 2-1

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 28 March 1980 and she was separated from the USAR on 22 December 1980 for the purpose of enlisting in the ARNG.  She completed a total of 8 months and 26 days of service during this period, of which 5 months and 2 days was active service and 3 months and 26 days was Reserve service.  

2.  The applicant served on ADT in her USAR status from 1 April 1980 to 2 September 1980.  She completed 5 months and 2 days of active service and she was issued a DD Form 214 that captured this period of active duty service. 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.

3.  Upon her enlistment in the USAR and during her active duty service, she indicated she had attended Morris High School in New York but she did not graduate.  It is possible she did not provide her GED diploma at the time.  It is equally possible she provided her GED diploma but it was rejected since it contains a different name.  When her DD Form 214 was processed, it correctly checked the "No" block indicating she had not graduated from high school or had an equivalent education.   
4.  She enlisted in the ARNG on 23 December 1980 and she was separated from the ARNG on 30 April 1985.  Her NGB Form 22 correctly listed her date of entry in the ARNG on 23 December 1980.  It also correctly credited her with her prior active service of 5 months and 2 days as well as her inactive service of 3 months and 26 days.  There are no errors in the dates and/or period of service.  

5.  Nevertheless, although her DD Form 214 was properly constituted, since the ARNG accepted her GED diploma when she enlisted in the ARNG on 23 December 1980, it is reasonable to presume the USAR should have also accepted the same diploma.  As such, there is no harm to the Army or the Soldier if her DD Form 214, dated 2 September 1980, is corrected to show she was a high school graduate or equivalent. 

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 deleting from item 16 of her DD Form 214 the "X" in the "No" block and adding an "X" in the "Yes" block. 

2.  The Board further determined that the evidence presented was 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 correcting her NGB Form 22 to show a date earlier than 23 December 1980.



      _______ _   _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)                                         AR20120020160





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ABCMR Record of Proceedings (cont)                                         AR20120020160



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