PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            25 October 2001
	DOCKET NUMBER:   AR2001059740

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his Report of Separation and Record of Service (NGB Form 22) be corrected to show an effective date of separation of 26 January 1999. 

3.  The applicant states, in effect, that the NGB Form 22 issued to him upon his discharge from the Army National Guard (ARNG) erroneously shows his effective date of discharge as 26 January 2000.  In support of his application, he submits a copy of his NGB Form 22 and his United States Air Force Reserve (USAFR) appointment and assignment order.

4.  The applicant’s military records show that he entered his last enlistment in the ARNG on 9 April 1997.  The NGB Form 22 issued to him at the completion of this enlistment shows in item 8b (effective date) that he was discharged from this period of service in the ARNG on 26 January 2000.  Item 10a (net service this period) indicates that completed 2 years, 9 months, and 18 days of net service during this enlistment and item 23 (authority and reason) shows that he was separated under the provisions of National Guard Regulation (NGR) 635-100, chapter 5, paragraph a(7) and that the reason for his separation was appointment in another Armed Force.  

5.  Orders Number PA-387, dated 24 February 1999, issued by Department of the Air Force, authorized the applicant’s appointment as a second lieutenant (2LT) in the USAFR, effective 27 January 1999, and his assignment to Dover Air Force Base, Dover, Delaware. 

6.  NGR 635-100, establishes the standards, policies and procedures governing the separation of commissioned officers of the ARNG.  Paragraph 5a(7) of that regulation provides the authority for the separation upon acceptance of a commission or appointment in another Armed Force, US Public Health Service, Environmental Sciences Services Administration, US Military Academy, US Naval Academy, US Air Forces Academy, and the US Coast Guard Academy, or upon enlistment in the National Guard.

CONCLUSIONS:

1.  The Board notes the contention of the applicant that the 26 January 2000 effective date of discharge from the ARNG listed in item 8b (effective date) of his NGB Form 22 is incorrect and it finds this claim has merit.

2.  The evidence of record clearly shows that the applicant was honorably discharged from the ARNG by reason of appointment in another Armed Force based on his appointment in the USAFR on 27 January 1999.  Therefore, the Board finds the date listed in item 8b (effective date) of his NGB Form 22 was obviously the result of an administrative error and it concludes it would be appropriate to correct it at this time by showing the effective date of his separation from the ARNG was 26 January 1999.

3.  The Board also finds that a correction to item 8b (effective date) as outlined above would necessitate a change in the entry contained in 10a (net service this period) to of the applicant’s NGB Form 22 from 2 years, 9 months, 18 days as it currently reads to 1 year, 9 months, 18 days as it should read based on the change in discharge effective date. 

4.  Although the Board has no authority to correct State ARNG records, governed under Title 32, the Board is of the opinion that so far as the Department of the Army is concerned, it would be in the best interest of justice to correct the ARNG records of the individual concerned as recommended below. 

RECOMMENDATION:

That all of the Department of the Army records related to this case be changed   by showing that the individual concerned was discharged from his ARNG enlistment that began on 9 April 1997, effective 26 January 1999; that the net service he completed for this period of ARNG service was 1 year, 9 months, and 18 days; and by issuing him a corrected  NGB Form 22 that reflects these changes in items 8b (effective date) and 10a (net service this period).

BOARD VOTE:  

__RJW__  __KAN__  __REB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner__
						       CHAIRPERSON

INDEX

CASE ID	AR2001059740	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/25	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.