ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  17 October 2019

	DOCKET NUMBER:  AR20170004441


APPLICANT REQUESTS:  that his enlistment date on his NGB Form 22 (National 
Guard Bureau Report of Separation and Record of Service) (block 4. Date of ENL) 
be changed from 26 September 1989 to 18 October 1973.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	NGB Form 22 
*	DD Form 214 (Report of Separation from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  Applicant states he enlisted in the Michigan Army National Guard (MIARNG) in 
October of 1973.  Block 4 of his NGB Form 22 states he enlisted in 26 September 
1989, which is incorrect.

3.  A review of the applicant’s service records show:

	a.  On 24 November 1970, the applicant enlisted in the U.S. Army Reserves 
(USAR).  He was honorably discharged on 6 January 1971 for immediate 
reenlistment.  

	b.  On 7 January 1971 he enlisted in the Regular Army.  The applicant was 
discharged on 5 October 1973 for early release to join the Army National Guard 
(ARNG).  He was issued a DD Form 214 for the period from 7 January 1971 to 
5 October 1973.

	c.  On 18 October 1973 he enlisted in the MIARNG, and reenlisted on 
12 September 1986, 13th September 1992, and 20 September 1998.  According to 
AR 635-5 (Personnel Separations – Separation Documents), effective 1 October 
1979, DD Forms 214 were no longer issued for immediate reenlistments.  

	d.  On 26 September 1989, the applicant was transferred to the TXARNG.

	e.  On 14 November 2001, the applicant received an honorable discharge from 
the ARNG.

	f.  On 9 September 2010, the applicant retired for length of service.  The 
applicant was issued a NGB Form 22 for his period of service in the TXARNG.  Item 
4 (Date of Enl [enlistment]) shows he enlisted on 26 September 1989.  Item 8b 
(Effective Date) shows his effective date of discharge was 17 October 2001.

4.  By regulation, AR 635-5, effective 1 October 1979, DD Forms 214 were no longer 
issued for immediate reenlistments.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  Board members found nothing to correct.  He enlisted or moved 
to the TX ARNG in 1989.  His NGB Form 22 reflects that entry date.  Based upon 
the documentary evidence provided by the applicant and found within the military 
service record, the Board concluded there was no evidence of an error or injustice 
which would warrant a correction to the enlistment date.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	:X	:X:	DENY APPLICATION




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.
	  
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents), 
in effect at the time, separation document is to provide the individual with 
documentary evidence of his military service.  It is a vital record for interested 
government agencies who assists the veteran in obtaining the rights of benefits to 
which he is entitled.
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170004441

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