IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002127
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a different date of discharge.
2. The applicant states the date of discharge shown on his DD Form 214 is incorrect.
3. The applicant provides:
* DD Form 214
* Standard Form 180 (Request Pertaining to Military Records)
* National Guard Bureau (NGB) Form 56 (General Discharge Certificate), dated 18 November 1973
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 New Jersey Army National Guard (NJARNG) for 6 years on 19 November 1967. He was ordered to active duty for training (ADT) on 5 February 1968. He completed training as an armor crewman.
3. On 9 June 1968, the applicant was released from ADT. His DD Form 214 states he was returned to State control as a member of the NJARNG to complete his remaining service obligation. He completed 4 months and 5 days of total active service.
4. The NGB Form 56 the applicant provides shows he was discharged from the NJARNG under honorable conditions (general) on 18 November 1973.
5. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty (REFRAD), retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The applicant was a member of the NJARNG when he was ordered to ADT on 5 February 1968. Upon completion of his ADT he was REFRAD and returned to the NJARNG to complete his remaining service obligation.
3. According to the applicable regulation, the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.
4. The DD Form 214 he received properly shows his active duty service. It does not show his service in the NJARNG because that service was not active duty service.
5. In view of the foregoing, the applicant's request should be denied.
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) AR20140002127
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