IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012698 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: 30 August 2016 DOCKET NUMBER: AR20150012698 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: 30 August 2016 DOCKET NUMBER: AR20150012698 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) by: * changing his discharge date to 1 November 1993 * correcting his rank/grade to private (PV2)/E-2 2. The applicant states, in effect: * he feels the two errors cited above are the result of an injustice * he enlisted in the Georgia Army National Guard (GAARNG) on 21 May 1992 * in the summer of 1993, he was involved in a bad motorcycle accident after returning from basic combat training (BCT), advanced individual training (AIT), and advanced cold weather training * as a result, he was unable to walk for 6 months, and he spent another year in rehabilitation * his unit commander saw fit to give him a hardship discharge due to the accident and because of his inability to attend unit drills * he put in a 110 percent effort while he was in the military and would have remained until he was retirement-eligible but for his injuries * he recently applied for a loan through the Department of Veterans Affairs (VA) and learned they only had three forms they could give him; his original copies were lost in a house fire 3. The applicant provides: * DD Form 214 for the period ending 4 December 1992 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 1 November 1993 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 GAARNG on 21 May 1992. He was ordered to active duty for training (ADT) on 25 August 1992 and completed both BCT and AIT. He was awarded military occupational specialty (MOS) 13B (Cannon Crewmember). 3. He was released from ADT on 4 December 1992. His DD Form 214 shows he completed 3 months and 10 days of net active service. This period * item 4a (Grade, Rate, or Rank), private (PV1) * item 4b (Pay Grade), E-1 * item 12h (Effective Date of Pay Grade), 21 May 1992 4. His official military personnel file contains: a. DA Form 4187 (Personnel Action), dated 16 December 1992, promoting him to PV2 effective 25 December 1992. b. NGB Form 22 reflecting his service in the GAARNG from 21 May 1992 to 1 November 1993. His rank/grade is listed as PV2/E-2. REFERENCES: 1. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures for the preparation of the DD Form 214. The DD Form 214 was to be prepared upon retirement, discharge, or release from active military service, or control of the Army. a. ARNG Soldiers were to receive a DD Form 214 on the completion of 90 or days of continuous active duty for training, or after ADT which resulted in the award of an MOS, even when that period of active service was less than 90 days. b. Items 4a and 4b were to show the rank/grade of the Soldier on the date of separation. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his date of discharge as 1 November 1993 (the same date as his discharge from the GAARNG) and to amend his rank/grade to PV2/E-2 (same as reflected on his NGB Form 22). 2. By regulation, the DD Form 214 is intended to show only periods of active military service, not all periods of service in components of the military. Additionally, regulatory guidance requires the DD Form 214 to show the rank/grade of the Soldier at the time of separation. 3. In the applicant's case, he was a member of the GAARNG and was ordered to ADT so he could participate in BCT and AIT. He successfully completed both, and was released from ADT on 4 December 1992. a. He appears to be asking to align his release date with the date he was discharged from the GAARNG. This, however, is the purpose of the NGB Form 22. In the applicant's case, his NGB Form 22 correctly states his GAARNG service. b. With regard to his rank/grade, the applicant was a PV1/E-1 on his release from ADT. He was not promoted to PV2/E-2 until 25 December 1992, 22 days after his release. His DD Form 214 correctly lists the rank he held at separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012698 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012698 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2