IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004149
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 (Certificate of Release or Discharge from Active Duty) ending on 30 June 1989 by showing he served under Title 10, U.S. Code ((USC) section 502(f).
2. The applicant states his orders to active duty were specific. He wants this change in order to add his military service to his Federal Retirement System to give him an additional 2 years towards his civilian retirement annuity.
3. The applicant provides copies of:
* Orders 121-7, State of Alaska, dated 22 June 1987
* DD Form 214, Member Copy 4
* Letter from the National Personnel Records Center to the applicant's Congressman, dated 24 October 2013
* Letter from the applicant's Congressman, dated 25 October 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. In March 1985, the applicant enlisted in the Alaska Army National Guard (AKARNG). He completed his active duty training in November 1985 and was awarded military occupational specialty 31E (Field Radio Repairer).
3. Orders 121-7, State of Alaska, dated 22 June 1987, ordered the applicant to full time duty with the State in an Active Guard Reserve (AGR) status for the period 16 June 1987 to 15 June 1990. He was assigned to Company B, 297th Support Battalion as a supply sergeant. His orders contained the following additional instructions:
a. Paragraph 1: "Orders to OCONUS TDY will constitute an order to Active Duty AGR Status under title 10 USC 672(d) for the duration of the period of TDY
"
b. Paragraph 2: "In the event your ARNG unit of assignment is called or ordered to Active Duty, you will be terminated automatically from your Title 32 USC 502(f) AGR status the day before and effective the date of federalization. You will then be included on unit mobilization orders the day following."
4. These orders further stated that: "Authority: 32 USC 502 (f) and Section 502, Public Law 98-94. Do not access into strength of active Army."
5. The applicant's Army National Guard Retirement Points History Statement, prepared on 3 January 1991, shows that from 16 June 1987 to 29 June 1989 he served on active duty under authority of Title 32, USC, and was State controlled.
6. The applicant's DD Form 214 ending on 30 June 1989 shows that he served on active duty under the authority of Title 32, USC 502(f).
7. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 ending on 30 June 1989 should be corrected by showing he served under Title 10, USC, section 502(f).
2. The available evidence shows that the applicant was ordered to full-time duty in an AGR status with the State of Alaska. His ARNG Retirement Point History shows he served under the authority of Title 32, USC, section 502(f) from 16 June 1987 until his release from active duty on 30 June 1989.
3. There is no available evidence showing that during the period in question the applicant had ever been ordered OCONUS in a TDY status, or that his unit was mobilized under Title 10, USC.
4. There is no apparent error or injustice. Accordingly, 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) AR20140004149
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ABCMR Record of Proceedings (cont) AR20140004149
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