IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150008583 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____X___ ____X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150008583 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150008583 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) for the period ending 11 December 2003 to show his service in the Army National Guard (ARNG) from 1 June 1992 to 15 August 2004. 2. The applicant states: * his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) correctly shows his dates of service from 1 June 1992 to 15 August 2004 * his current DD Form 214 only shows his active duty service in 2003 * he does not have a DD Form 214 covering his correct service obligation for 12 years of service 3. The applicant provides DD Forms 214 for the periods ending 26 November 1992 and 11 December 2003. 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 enlisted in the ARNG on 1 June 1992. 3. He was ordered to active duty for training on 13 July 1992 and he was released from active duty (REFRAD) on 26 November 1992. He was issued a DD Form 214 covering the period 13 July 1992 through 26 November 1992. 4. He was ordered to active duty on 1 March 2003 in support of Operation Enduring Freedom. On 11 December 2003, he was REFRAD. He was issued a DD Form 214 covering the period 1 March 2003 through 11 December 2003. 5. On 15 August 2004, he was honorably discharged from the ARNG. He was issued an NGB Form 22 covering the period 1 June 1992 through 15 August 2004. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. a. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. b. It stated a DD Form 214 would be prepared for all Reserve Component personnel after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support, and after completing initial active duty for training which resulted in the award of a military occupational specialty, even though the active duty was less than 90 days. DISCUSSION: 1. The applicant contends he does not have a DD Form 214 covering his correct service obligation for 12 years of service (his ARNG service from June 1992 to August 2004). 2. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his REFRAD. 3. The evidence shows he was issued a DD Form 214 for his active duty service from 13 July 1992 through 26 November 1992 and 1 March 2003 through 11 December 2003 in accordance with the governing regulation. 4. His ARNG service from June 1992 to August 2004 was not active duty service. His NGB Form 22 properly shows his ARNG service from June 1992 to August 2004. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008583 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2