IN THE CASE OF BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170001768 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: 29 August 2018 DOCKET NUMBER: AR20170001768 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: 29 August 2018 DOCKET NUMBER: AR20170001768 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 his date of discharge from the U.S. Army Reserve (USAR). 2. He states, in effect, that his Department of Veterans Affairs (VA) Hospital record lists his discharge date as 26 June 1997. He contends that his military records were created prior to the use of computers and that his discharge date was incorrectly entered (manual typographical error) into his record. 3. He provides a VA letter, dated 25 November 2016. 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 GA Army National Guard (GAARNG) for a term of eight-years on 7 January 1987. 3. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was discharged from the GAARNG on 1 March 1990 and transferred to the USAR Control Group (Reinforcement). This form also shows that his Reserve Military Service Obligation would terminate on 6 January 1995. 4. A review of his Integrated Web Services (IWS), Soldier Management System (SMS) record shows the applicant was discharged from the USAR on 10 January 1995 based on the expiration of his service obligation. 5. His available record is void of any contractual document that extended his service obligation beyond 10 January 1995. 6. The applicant provided a VA letter, dated 25 November 2016. This letter certified that the applicant entered on active duty on 10 February 1987 and he was discharged on 26 June 1997. REFERENCES: Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends the effective date of his discharge from the USAR should be changed to 26 June 1997. 2. The available record shows that he enlisted in the GAARNG on 7 January 1987 and he incurred an 8 year service obligation. He was discharged from the GAARNG on 1 March 1990 and transferred to the USAR Control Group to complete his remaining Reserve service obligation which terminated on 6 January 1995. Official orders discharged the applicant from the USAR on 10 January 1995. 3. His record is void of evidence showing he served in a military status beyond 10 January 1995. 4. The discrepancy between the discharge date listed in his military record and the discharge date listed in his VA record cannot be reconciled without access to the source document(s) used by the VA to determine his discharge date. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001768 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001768 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2