BOARD DATE:  27 June 2018

		DOCKET NUMBER:  AR20160012959


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


		 

		BOARD DATE:  27 June 2018

		DOCKET NUMBER:  AR20160012959


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.


	
		BOARD DATE:  27 June 2018

		DOCKET NUMBER:  AR20160012959


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, in effect, correction of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a date in March 1991 instead of 28 August 1991.

2.  The applicant states he believes he joined the Ohio Army National Guard (OHARNG) in March 1991.

3.  The applicant provides:

* DD Form 214
* ARNG Retirement Points History Statement
* NG Bureau Form 22 (Report of Separation and Record of Service)
* Orders 204-77

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's records contain DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) which shows he enlisted in the OHARNG on 7 June 1991. 

3.  Item 12a of his DD Form 214 shows he entered active duty training on            28 August 1991.  On 10 December 1991, he was released from active duty training upon completion of said training.

4.  The applicant's military records do not contain any evidence showing he enlisted in the OHARNG in March 1991. 

5.  The applicant provides and his records contain NGB Form 22 that shows he enlisted in the OHARNG on 7 June 1991 and that he was issued a DD Form 214 for his initial active duty training period of 28 August to 10 December 1991.

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  

DISCUSSION:

1.  The applicant requests, in effect, correction of item 12a of his DD Form 214  to show a date in March 1991 instead of 28 August 1991.  The applicant states he believes he joined the OHARNG in March 1991.

2.  The evidence of record shows he enlisted in the OHARNG on 7 June 1991 and he reported to active duty for training on 28 August 1991.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20160012959



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160012959



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2