IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020291 


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 the active duty time she served while a member of the Army National Guard (ARNG) be included on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1997.  She also requests, in effect, correction of "active duty time" on her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) and her DD Form 214 (Report of Separation from Active Duty) for the period ending 
24 February 1979.

2.  The applicant states, in effect, that her DD Form 214 which covers her active duty for training (ADT) for basic and advanced individual training is not included on her DD Form 214 for the period ending 31 May 1997.  She further indicates her active duty time is not correct on her NGB Form 22 and her DD Form 214 for the period ending 24 January 1978.  The applicant states her active duty in the ARNG will be used towards upgrading her DD Form 214 to reflect 20 years of service.

3.  The applicant provides 

* NGB Form 22
* two DD Forms 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 enlisted in the Alabama Army National Guard (ALARNG) on 
11 August 1978.  

3.  She was ordered to ADT on 5 October 1978.  On 24 February 1979, she was released from active duty and returned to the ALARNG.

4.  The applicant's DD Form 214 for the period ending 24 February 1979 shows: 

* item 16a (Net Active Service this Period) 4 months and 20 days
* item 16b (Prior Active Service) no entry 
* item 16c (Total Active Service (a+b)) 4 months and 20 days
* item 16 d (Prior Inactive Service) 1 month and 24 days
* item 16e (Total Service for Pay (c+d)) 6 months and 14 days

5.  On 21 March 1979, she was honorably discharged from the ALARNG to enlist in the Regular Army (RA).  Her NGB Form 22 shows:

* Item 11a (Net Service this Period) 7 months and 10 days
* Item 11b (Prior Service) no entry 
* Item 11c (Total Service for Pay) 7 months and 10 days.

6.  The NGB Form 22 as constituted at the time, did not provide for entry of time spent on ADT.

7.  The applicant's records contain DD Forms 4/1 to 4/4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 25 April 1979, that show she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 22 March 1979 for a period of 6 years.  On 24 April 1979, the applicant was discharged from the USAR DEP for the purpose of enlisting in the RA. 

8.  On 25 April 1979, the applicant enlisted in the RA.  On 31 May 1997, she retired by reason of voluntary early retirement.  Her DD Form 214 shows in:

* item 12a "19790425"
* item 12b "19970531" 
* item 12c (Net Active Service this Period) 18 years, 1 month, and 6 days
* Item 12d (Total Prior Active Service) 4 months and 20 days
* Item 12e (Total Prior Inactive Service) 3 months and 24 days

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 establishes standardized policy for the preparation of the DD Form 214.  It states 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.  It states: 

* for item 12a, enter the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued
* for item 12b, enter the Soldier's transition date  
* for item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b.  
* for item 12d, enter total amount of prior active military service less lost time, if any.  If not applicable, enter “00  00  00”
* for item 12e, enter prior inactive service

10.  Army Regulation 635-5 states a DD Form 214 will be prepared for Reserve component Soldiers completing initial active duty training that results in the award of an occupational specialty, even when the active duty period is less than
90 days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add her ARNG active duty service to her DD Form 214 for the period ending 31 May 1997 was carefully considered and it was determined there is insufficient evidence to support her request.

2.  Evidence of record shows the applicant enlisted in the ALARNG on 11 August 1978.  On 5 October 1978, she was ordered to ADT.  On 24 February 1979, she was released from ADT.  She was issued a DD Form 214 correctly showing she served on ADT for 4 months and 20 days.  In addition, the separation document correctly shows she had 1 month and 24 days of inactive service.  There is no 

evidence and the applicant has not provided evidence to show that her DD Form 
214 for the period ending 24 February 1979 is in error.  

3.  The applicant contends that her active duty service is not correct on her NGB Form 22.  However, at the time of the applicant's separation from the ALARNG there were no provisions that required active duty service to be added to the NGB Form 22.  Therefore, her NGB Form 22 correctly shows she served 
7 months and 10 days of creditable service for pay.

4.  Evidence of record shows the applicant enlisted in the USAR DEP on 
22 March 1979.  She entered active duty on 25 April 1979 and on 31 May 1997, she retired by reason of voluntary early retirement after completing 18 years, 
1 month, and 6 days during that period.  Her DD Form 214 for the period ending 31 May 1997 correctly shows 4 months and 20 days prior active service.  The DD Form 214 correctly show she had a total of 3 months and 24 days of prior inactive service.  The applicant's active duty service and prior inactive service appear to be correct on her DD Form 214 for the period end 31 May 1997.  Therefore, there is no basis in granting her requests.

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)                                         AR20120020291



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ABCMR Record of Proceedings (cont)                                         AR20120020291



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