IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170000167 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: 20 November 2018 DOCKET NUMBER: AR20170000167 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: 20 November 2018 DOCKET NUMBER: AR20170000167 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 period of active duty. 2. The applicant states his DD Form 214 (Report of Separation from Active Duty) lists his active duty time as Reserve time. He went to basic training and was released from active duty back to his unit with a subsequent return to active duty. 3. The applicant provides copies of: * two DD Forms 214 * NGB Form 22 (Report of Separation and Record of Service) * 24 July 1979 active duty orders 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. On 9 September 1976, the applicant enlisted in the Ohio Army National Guard (ARNG). 3. On 21 November 1976, he entered active duty for training (ADT) and completed training with award a military occupational specialty. On 4 March 1977, he was released from active duty and returned to his ARNG unit. The DD Form 214 issued at that time show 3 months and 14 days of active duty service. 4. His NGB Form 22 shows he served in the ARNG from 9 September 1976 through 10 September 1979 (3 years and 2 days), with ADT from 21 November 1976 to 4 March 1977. 5. On 24 July 1979, he was ordered to active duty effective 11 September 1979. 6. The applicant was absent without leave on two occasions, ending in civil apprehension. 7. On 21 April 1980, the applicant was discharged under Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. He received an under other than honorable conditions characterization of service. 8. His 21 April 1980 DD Form 214 shows: * 3 months and 15 days of net service this period * 4 months and 18 days of prior active service * 2 years, 7 months, and 14 days of prior inactive service REFERENCES: Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's second DD Form 214 accurately documents his prior active duty service for ADT, his prior inactive (i.e., Reserve) service, and the period of active duty service from which he was discharged. 2. There is no evidence indicating he had any active duty service that is recorded as Reserve service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002493 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000167 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2