BOARD DATE:	  3 September 2014

		DOCKET NUMBER:  AR20140000866 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered military service on 20 May 1970 and he completed 6 years of total military service.

2.  The applicant states he enlisted in the Army National Guard of the United States (ARNGUS) on 20 May 1970 for a period of 6 years.

   a.  He states the date of entry and total service shown on his DD Form 214 should be corrected to show "20 May 1970" and "6 years," respectively, so that it shows his total reserve service.

   b.  He entered basic training at Fort Leonard Wood, MO, on 24 September 1970, and he was discharged on 20 July 1976.

   c.  He adds that this correction is required to support his eligibility for the Department of Veterans Affairs (VA) home loan guarantee program.  He requests an additional DD Form 214, if it is authorized.

3.  The applicant provides copies of:

* his DD Form 214
* Connecticut ARNG (CTARNG) Diploma
* DD Form 2A (Armed Forces of the United States (Reserve) Identification (ID) Card)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Orders 13-257, issued by Headquarters, First United States Army, Fort George G. Meade, MD on 20 July 1976
* DD Form 256A (Honorable Discharge Certificate)
* a letter from the VA-Atlanta Regional Loan Center, Decatur, GA, dated   11 December 2013

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.  A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the ARNGUS and CTARNG on 20 May 1970 for a period of 6 years.  It also shows he had no prior service.

3.  Special Orders Number 179, issued by the CTARNG on 26 August 1970, ordered the applicant to active duty for training (ADT or ACDUTRA) at Fort Leonard Wood, MO, with a reporting date of 24 September 1970.

4.  A DD Form 214 shows he was honorably released from ADT on 8 February 1971, based on his completion of military occupational specialty (MOS) training in MOS 12A (Pioneer), and he was returned to the control of the CTARNG.  This DD Form 214 further shows in -

* item 16 (Terminal Date of Reserve Obligation):  19 May 1976
* item 17 (Current Active Service Other Than By Induction):  Ordered to ADT
* item 17, block c (Date of Entry):  24 September 1970
* item 22 (Statement of Service) -

* block a (Creditable for Basic Pay Purposes) -

* line 1 (Net Service This Period):  0 years, 4 months, 15 days
* line 2 (Other Service):  0 years, 4 months, 4 days
* line 3 (Total – Lines 1 and 2):  0 years, 8 months, 19 days

* block b (Total Active Service):  0 years, 4 months, 15 days

5.  An NGB Form 22 shows he enlisted on 20 May 1970 and was honorably discharged from the CTARNG and as a Reserve of the Army on 11 November 1973.  This NGB Form 22 further shows in -

* item 26 (Length This Service):  3 years, 5 months, 22 days
* item 27 (Total Service for Pay Purposes):  3 years, 5 months,       22 days
* item 32 (Remarks) –

* "Reverted to USAR (U.S. Army Reserve) control to complete remaining reserve obligation of 2 years, 6 months, 8 days"
* ACDUTRA from 24 September 1970 – 8 February 1971"

6.  An NGB Form 23 (NGB Retirement Credits Record) shows his creditable military service from 20 May 1970 through 11 November 1973, including his drill, membership, inactive duty, and active duty/ADT points.

7.  Orders 13-257, issued by Headquarters, First United States Army, Fort George G. Meade, MD on 20 July 1976, shows he was honorably discharged from the USAR (Ready Reserve), effective 20 July 1976.

8.  In support of his application he provides the following documents:

	a.  CTARNG Diploma that shows he successfully completed the CTARNG Noncommissioned Officers School on 28 August 1971;

   b.  Armed Forces of the United States (Reserve) ID Card that shows it was issued to the applicant on 1 July 1973 with an expiration date of 20 May 1976;

   c.  Honorable Discharge Certificate, that shows the applicant was honorably discharged from the USAR and U.S. Army, effective 20 July 1976; and
   
   d.  VA Atlanta Regional Loan Center, Decatur, GA, letter, dated 11 December 2013, that shows, in pertinent part, the applicant was instructed to provide –

* Selected Reserve –

* Chronological Statement of Retirement Points covering at least 6 years of creditable service
* evidence of an honorable character of service

* National Guard –

* NGB Form 22 for each period of service that includes the character of service
* Chronological Statement of Retirement Points covering at least 6 years of creditable service

* Federal Activation/Deployment –

* DD Form  214 that evidences such service

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  Item 22 provides detailed instructions for computing creditable service for basic pay.  The instructions show for –

* block a -

* line 1 – enter the total service completed between the inclusive dates of the current tour of duty
* line 2 - enter all prior service excluding any service show in item 22, block a, line 1
* line 3 - enter the total service by adding lines 1 and 2

* block a - enter the total active service the individual has completed beginning with the earliest period of active service up to and including the current period of active duty, less any period served in the ARNG or USAR not on active duty, and less time lost.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he entered active duty this period on 20 May 1970 and that he completed 6 years of creditable military service.  In the alternative, he requests another DD Form 214, if it is authorized.

2.  Records show the applicant enlisted in the ARNGUS on 20 May 1970, he was ordered to ADT on 24 September 1970, and honorably released from ADT on 
8 February 1971.  

   a.  A calculation of these two periods of service shows the following:

	1970  09  23   date prior date of entry on ADT
         - 1970  05  20   date of enlistment in the ARNGUS
         =    00  04  03
         +                  1   day inclusive
         =    00  04  04   total reserve (other) service


1971  02  08   date released from ADT
         - 1970  09  24   date ordered to ADT
         =    00  04  14
         +                  1   day inclusive
         =    00  04  15   net/total active service


    00  04  04   total other service
         -     00  04  15   total active service
         =    00  08  19   total service (20 May 1970 thru 8 February 1971)

	b.  Thus, the evidence of record shows the applicant's DD Form 214 correctly shows the date of entry on active duty (24 September 1970), the date he was released from ADT (8 February 1971), and both his USAR and ADT creditable service at the time he was separated from ADT.
   
   c.  The governing Army regulation shows that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation (emphasis added).

   d.  Therefore, there is no basis for correcting the date of entry shown on his DD Form 214 or showing he completed 6 years of creditable military service.

3.  Records show he enlisted in the ARNGUS on 20 May 1970, was honorably discharged on 11 November 1973, and transferred to the USAR.

   a.  A calculation of this period of service shows the following:

	1973  11  11   date of discharge from ARNGUS / CTARNG
         - 1970  05  20   date of enlistment in ARNGUS / CTARNG
         =    03  05  21
         +                  1   day inclusive
         =    03  05  22   total reserve (ARNGUS / CTARNG) service

   b.  Thus, the evidence of record shows the applicant's NGB Form 22 correctly shows the date of enlistment (20 May 1970), the date he was discharged
(11 November 1973), and both his total length of service and total service for pay purposes.

4.  In addition, the applicant's NGB Retirement Credits Record shows his creditable military service from 20 May 1970 through 11 November 1973.

5.  There is no basis for issuing an additional DD Form 214 to the applicant as there is no evidence that he completed any other Federal active duty service.

6.  Therefore, in view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20140000866



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ABCMR Record of Proceedings (cont)                                         AR20140000866



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