IN THE CASE OF:	

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017568


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 his Army National Guard (ARNG) service be reflected on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states it is the duty of the government to keep accurate records.

3.  The applicant provides:

* His DD Form 214
* A Certificate of Service from the New York ARNG (NYARNG)
* An Honorable Discharge from the NYARNG

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 served in the NYARNG from 9 April 1951 through 26 April 1953, a period of 2 years, 0 months, and 18 days.  He was honorably discharged as a private first class for the purpose of entering the Army of the United States (AUS).

3.  On 27 April 1953, the applicant entered the AUS.  He served in Germany for 11 months and 11 days.  Upon returning to the United States, he was separated from active duty on 12 April 1955 at Camp Kilmer, NJ.  His DD Form 214 shows he served 1 year, 11 months, and 16 days.  Item 23 (other service) is blank.

4.  Army Regulation 635-5 (Separation Documents) 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.  The version of the regulation then in effect stated that Item 23 will reflect all prior service not listed in Item 22, to include any period served in the US Army Reserve or ARNG as a reservist not on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his ARNG service reflected on his DD Form 214.

2.  The applicant served 2 years and 18 days in the NYARNG prior to entering the AUS; this service should be reflected in Item 23 of his DD Form 214.

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 adding in Item 23 of his DD Form 214 "2 years, 0 months, and 18 days."




      _______ _  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)                                         AR20090017568



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ABCMR Record of Proceedings (cont)                                         AR20090017568



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