IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130004152
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 March 1991, be corrected to show in item 12e (Total Prior Inactive Service) the entry 16 04 24.
2. The applicant states that his DD Form 214 incorrectly reflects the entry 14 01 16 in item 12e and should reflect the entry 16 04 24. He goes on to state that he found a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 20 April 1979, which shows 16 years, 4 months and 24 days of active service for pay.
3. The applicant provides a copy of his DD Form 214, dated 27 March 1991;
DD Form 214, dated 18 December 1959; and NGB Forms 22, dated 20 April 1979, and 18 June 1963.
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 originally served on active duty in the U.S. Navy from 27 August 1956 until he was honorably discharged on 18 December 1959 (3 years, 3 months, and 22 days).
3. He was ordered to active duty in the Army National Guard Active Guard Reserve Program on 27 June 1988 and served until he was honorably discharged with severance pay effective 27 March 1991. He had served 2 years, 9 months, and 1 day of active service this period. The DD Form 214 he was issued at the time of discharge shows in item 12e that he had 14 years, 1 month and 16 days of prior inactive service.
4. He was also honorably discharged from the Georgia Army National Guard on 27 March 1991 and his NGB Form 22 also reflects that he had 14 years,
1 month, and 16 days of prior Reserve Component Service and 20 Years,
4 months and 11 days of service for pay.
5. The NGB Form 22, dated 20 April 1979, which was provided by the applicant shows in item 11c that he had 16 years, 4 months, and 24 days of service for pay.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information from official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change the entry in item 12e on his DD Form 214 dated 27 March 1991 to reflect the entry 16 04 24 based on an entry on his NGB Form 22, dated 20 April 1979, has been noted and found to lack merit.
2. Item 12e of his DD Form 214 reflects the amount of total prior inactive service and the entry in item 11c of his NGB Form 22 reflects his total service for pay, which are two different and unrelated entries that cannot be substituted for each other.
3. A review of his chronological statement of retirement points indicates the entry on his DD Form 214 is correct and since he has failed to show otherwise, there appears to be no basis to grant his request.
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) AR20130004152
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ABCMR Record of Proceedings (cont) AR20130004152
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