IN THE CASE OF:	 

		BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150003124 


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 30 April 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show at item –

* 7a – Place of Entry Into Active Duty (AD) – Austin, TX
* 7b – Home of Record at Time of Entry – an address in Harker Heights, TX
* 12a – Date Entered AD this Period – 2004 11 09
* 12c – Net Active Service This Period – 02 05 21
* 12d – Total Prior Active Service – 20 07 08
* 12h – Effective Date of Pay Grade – 2000 02 28

2.  The applicant states he enlisted in the Texas Army National Guard (TXARNG) on 9 November 2004.  Texas is his legal state of residence, and a proper notification of his mailing address was submitted at the time of his enlistment.

3.  The applicant provides copies of his 30 April 2007 DD Form 214, 8 November 2004 DD Form 214, Texas Voter Registration letter, and a 1 October 2004 address change notice.

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 available record contains several National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service), showing the applicant served in the –

* Idaho ARNG (IDARNG) – 23 January 1969 – 4 March 1970
* California ARNG (CAARNG) – 5 March 1970 – 15 October 1971
* Idaho Air National Guard (IDANG) – 16 October 1971 – 25 April 1975 
* IDANG – 27 December 1977 – 1 May 1979
* TXARNG – 8 January 1983 – 30 April 2007

5.  A 23 February 1996 DD Form 214 shows active duty service (Active Guard/Reserve status) from 1 April 1984 through 23 February 1996.  His home of record on this form is an address in Boise, ID.

6.  The 8 November 2004 DD Form 214 shows at item –

* 4a   – Grade, Rank, Rate – sergeant major (SGM)
* 7a   – Boise MEPS, ID
* 7b   – an address in Boise, ID
* 12a – 1996 02 24
* 12c – 08 08 15
* 12d – 11 10 23
* 12e – Total Prior Inactive Service – 09 08 07
* 12h – 2000 02 28

7.  NGB Orders 252-2, dated 8 January 2004, transferred the applicant from the IDARNG, Joint Force Headquarters, Boise, ID to the Joint Forces Texas, Austin, TX.

8.  On 30 April 2007 the TXARNG issued the applicant a Honorable Discharge Certificate.  The 30 April 2007 DD Form 214 shows at item –

* 4a – SGM
* 7a – Twin Falls, ID
* 7b – an address in Boise, ID
* 12a – 1984 04 01
* 12c – 23 00 29
* 12d – 0000 08 06
* 12e – 0009 02 01
* 12h – 2004 08 23

9.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows promotion in the ARNG to SGM on 29 February 2000.

10.  The applicant's 21 May 2007 NGB Form 23B (Army National Guard Unit Member Retirement Points History Statement) shows his service as –

* ARNG Unit Member – 23 January 1969 – 15 October 1971 
* ANG Unit Member – 16 October 1971 – 25 April 1975
* break in service – 26 April 1975 – 26 May 1976
* ANG Unit Member – 27 May 1976 – 1 June 1977
* break in service – 2 June 1977 – 26 December 1977
* ANG Member – 27 December 1977 – 1 May 1979
* break in service – 2 May 1979 – 7 January 1983
* ARNG Member – 8 January 1983 – 31 March 1984
* ARNG (under Title 32 State control) – 1 April 1984 – 22 February 1996
* ARNG (Under Title 10 NGB control) – 23 February 1996 – 8 November 2004 
* ARNG (Under Title 32 State control) – 9 November 2004 – 30 April 2007

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states:

	a.  a DD Form 214 will be prepared for ARNGUS Soldiers changing their status or component while serving on active duty.  Soldiers separated from 
Title 32, U.S. Code, AGR status to enter Title 10, U.S. Code, AGR or other active duty status, or the reverse (for example, Title 10 to Title 32 AGR status) will be issued a DD Form 214.

	b.  For entries of "PLACE OF ENTRY ONTO ACTIVE DUTY" and "HOME OF RECORD AT TIME OF ENTRY": 

   (1)  Enter at item 7a, the city and state where the Soldier entered active 
duty from the initial enlistment contract. 
   
   (2) Enter at item 7b, the street, city, state and ZIP code listed as a 
Soldier's home of record.  "Home of Record" is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day (in accordance with Joint Federal Travel Regulations, 
Volume 1, App A, Part I).  Home of record is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier's career.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to SGM effective 29 February 2000.  His 30 April 2007 DD Form 214 shows an incorrect promotion date.

2.  The applicant had continuous ARNG service from 8 January 1983 with full time active service from 1 April 1984 through the date of his retirement. 

3.  He was issued DD Forms 214 for changes in his component as follows –

* 1 April 1984 – 30 April 2007 ARNG Title 32 service
* 24 February 1996 – 8 November 2004 Title 10 ARNG service
* 8 November 2004 – 30 April 2007 Title 32 ARNG service

4.  The applicant had continuous active service from 1 April 1984 through his date of retirement, 30 April 2007.  Although he changed components during this period, without an actual break in service he is not authorized to change either his place of entry (item 7a) or his home of record (item 7b).

5.  The 30 April 2007 DD Form 214 incorrectly includes the periods of ARNG service covered by previously issued DD Forms 214.  With a change of component (from Title 10 service to Title 32 service) on 23 February 1996 and again on 8 November 2004, the applicant was properly issued a DD Form 214.  

6.  The commencement date of his last DD Form 214 is 9 November 2004 not 1 April 1984.  His item 12 service calculations on the 30 April 2007 DD Form 214 should be consistent with the entries from his earlier DD Form 214 as follows at –

* (carried forward from 2004 DD Form 214) 	12a – 2004  11  09
* (see 12c calculations below) 	12c – 0002  05  21
* (see 12d calculations below) 	12d – 0020  07  08
* (carried forward from 2004 DD Form 214) 	12e – 0009  08  07
* (carried forward from 2004 DD Form 214) 	12h – 2000  02  18

(Calculations for above)
(12c)
	retirement date from 2007 retirement orders	   2007  04  30
	entry date from 2004 DD Form 214	- 2004  11  09
	  0002  05  21
(12d)
	prior service from 2004 DD Form 214	0011  10  23
	service this period from 2004 DD Form 214	+ 0008  08  15
			0020  07  18

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the 30 April 2007 DD Form 214 to show at –

* 12a – 2004  11  09
* 12c – 0002  05  21
* 12d – 0020  07  18
* 12e – 0009  08  07
* 12h – 2000  02  28

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 







denial of so much of the application that pertains to correcting his place of entry and home of record.



      ____________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)                                         AR20150003124



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ABCMR Record of Proceedings (cont)                                         AR20150003124



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