BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150001287 


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 item 12a (Date Entered AD (Active Duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 February 2004, to show "1 December 1996" instead of "3 August 1997."

2.  The applicant states his entry date is incorrect on his 2004 DD Form 214.  He entered AD on 1 December 1996 for that period of active service.  

3.  The applicant provides copies of Orders P319-025 (2 copies) and his 2004 DD Form 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 the cases 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.
2.  The applicant's military records show he enlisted in the Florida Army National Guard (FLARNG) on 3 August 1989.  He entered AD for training (ADT) on 25 June 1990 and was awarded military occupational specialty 31U (signal support systems specialist).  He was released from ADT on 2 December 1990.  

3.  On 14 November 1996, the FLARNG published Orders P319-025 ordering him to full time National Guard duty in an Active Guard Reserve (AGR) status, in accordance with Title 32, U.S. Code, section 502(f), for a period of 3 years from 1 December 1996 to 30 November 1999.  He was assigned to the 53rd Support Battalion, Tampa, FL.

4.  His records do not contain orders releasing him from active duty upon expiration of his AGR tour in November 1999.  Likewise, his records are void of orders extending his AGR tour beyond 30 November 1999. 

5.  In February 2000, he requested a transfer to the New York Army National Guard (NYARNG).  His request was approved.  Accordingly, the FLARNG published Orders P039-010, on 8 February 2000, transferring him to the NYARNG effective 15 March 2000.  He was assigned to the 1st Battalion, 108th Infantry, Hornell, NY.

6.  On 27 June 2001, the NYARNG published Orders 178-030 ordering him to continue on active duty in an AGR status in accordance with Title 32, U.S. Code, section 502(f), with a commitment of 4 years, 3 months, and 17 days from 
16 April 2001 to 2 August 2005.  He was assigned to the 204th Engineer Battalion, Ithaca, NY.

7.  He was honorably released from active duty on 29 February 2004 by reason of completion of his AGR tour, by authority of Orders 051-1001, issued by NYARNG on 20 February 2004.  His DD Form 214 lists in:

* Item 12a – 3 August 1997
* Item 12b (Separation Date This Period) – 29 February 2004
* Item 12c (Net Active Service This Period) – 6 years, 6 months, 27 days

8.  His DA Form 2-1 (Personnel Qualification Record) and Enlisted Record Brief do not reflect the date he entered active duty.  However, an ARNG Current Annual Statement, dated 4 September 2012, shows he served:

* in the ARNG from 3 August 1989 through 24 June 1990
* on ADT from 25 June 1990 through 2 December 1990
* in the ARNG from 3 December 1990 through 30 November 1996
* on AD/AGR from 1 December 1996 through 29 February 2004
9.  He reentered active duty on 8 May 2005 and served in a variety of assignments as a unit supply specialist.  He retired on 19 November 2013 by reason of disability and he was placed on the retired list in his retired rank/grade of staff sergeant/E-6 on 20 November 2013.  He was issued a DD Form 214 that captured this period of active service (May 2005 to November 2013). 

10.  He was also issued an National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that captured his ARNG service from the date of enlistment (3 August 1989) to his date of retirement (19 November 2013).  This form shows in item 18 (Remarks) he served on active duty in an AGR status from 3 August 1997 to 29 February 2004. 

11.  On 20 October 2015, a staff member of the Defense Finance and Accounting Service (DFAS) advised the Board, in effect, that DFAS does not have access to the applicant's service dates as he is a Reservist.

12.  On 20 October 2015, a staff member of the NYARNG, G-1 telephonically advised a staff member of the ABCMR that this office was unable to verify the exact date the applicant entered active duty in FL, not in NY.

13.  On 20 October 2015, a staff member of the FLARNG G-1 telephonically advised a staff member of the ABCMR that the archives no longer show the applicant's documentation. 

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 12a – would list the beginning date of the continuous period of active duty for issuance of the DD Form 214 or for which a DD Form 214 was not previously issued
* Item 12b – would list the separation transition date
* Item 12c – would list the amount of service that period, computed by subtracting item 12a from 12b, less time lost

DISCUSSION AND CONCLUSIONS:

1.  Orders Number P319-025 and the applicant's ARNG Current Annual Statement confirm he was ordered to and served on AD in an AGR status from 1 December 1996 through 29 February 2004, a period of 7 years, 2 months, and 29 days.  His DD Form 214 for this period of service shows an entry date of 3 August 1997 and net active service credit of 6 years, 6 months, and 27 days.  
2.  Notwithstanding the unavailability of his service dates from DFAS, the preponderance of the evidence (AGR orders and Retired Points Statement) support his contention that he served on active duty from 1 December 1996 through 29 February 2004.  The evidence supports correcting item 12a of his DD Form 214 to show this date (1 December 1996) and item 12c to show he completed 7 years, 2 months, and 29 days of active service.

BOARD VOTE:

__X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from item 12a of his DD Form 214 ending on 29 February 2004 the entry "1997-08-03" and replacing it with the entry "1996-12-01"
* deleting from item 12c of this form the entry "0006-06-27" and replacing it with the entry "0007-02-29"



      _______ _  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)                                         AR20150001287



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001287



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1