ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20170011213 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to: * Reflect the rank and grade in block 4a (Grade, Rate or Rank) and 4b (Pay grade) as private/E-2 * Update block 12b (Separation Date This Period) with correct date of 13 September 1991 * Update block 13 (Decorations) with correct awards APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 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. The applicant states that he needs his discharge date updated based on the number of years served. His DD Form 214 should reflect his correct pay grade at the time of discharge and to update his decorations, medals, and badges. 3. A review of the applicant’s service record shows the following: a. He enlisted in the Army National Guard (ARNG) on 12 December 1989. b. Orders 266-004, dated 12 December 1989, orders the applicant to initial active duty for training for 13 weeks of basic and military occupational specialty training. c. He was released from active duty on 25 May 1990 under the provisions of Army Regulation (AR) 635-200(Personnel Separation – Enlisted Personnel) paragraph 4-2h (Successful Completion Initial Active Duty Training) under honorable conditions. His DD Form 214 shows that he completed 3 months and 12 days of active duty service. It also shows his rank as private/E-1. He was awarded or authorized * the Army Service Ribbon * Marksmanship-Marksmanship Qualification Badge (M16) * Marksmanship-Qualification Badge Hand Grenade. e. Report of advancement, dated 27 July 1990, promotes the applicant to private/E-2 effective 14 Aug 1990. f. A General Discharge Certificate shows the applicant was discharged from the ARNG on [13 September 1991.] Rank was not annotated. g. NGB ( National Guard Form 22 (Report of Separation and Record of Service) shows that the applicant was discharged from the ARNG on [13 September 1991] with reassignment to the U.S. Army Reserve. It also shows block 5a (Rank) private and block 5b (Pay Grade) E-1. h. His DD Form 2-1 (Personnel Qualification Record) shows in section II (Service, Training and other dates) block16 (Appointments and Reductions) his promotion to private/E-1 effective date as 28 November 1990. i. Army Reserve Chronological Statement of Retirement Points, dated 27 January 1998, shows a period of ARNG enlisted service from [12 December 1989 to 11 December 1990 and from 12 December 1990 to 13 September 1991.] The rank shown is private/E-2. j No evidence of discharge orders or other documents were found that supports the applicant’s discharge on 25 May 1990 other than the date found on his DD Form 214. k. No additional awards were found. 4. Army Regulation (AR) 635-5 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information. Block 13 (Decorations) states list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. Each entry will be verified by the Soldier’s records. Do not use abbreviations. DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be issued to provide missing information. Block 4a (Grade, Rate or Rank) and 4b (Pay grade) enter active duty grade or rank and pay grade at time of separation from ERB/ORB. Block 12b (Separation date this period) the soldier's transition date may not be the contractual date if soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government. DD Form 215 will be issued when the missing information becomes available. 5. AR 600-8-22 (Awards) states that this Army policy criteria, and administrative instructions concerning individual and unit military awards. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. 6. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 7. In reaching its determination, the Board can consider the applicants’ petition in his service record in accordance with published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was promoted after the period covered by the DD Form 214. There was no evidence of additional awards to add his DD Form 214. His discharge date is correctly covered by the NGB Form 22; the DD Form 214 shows when he left the period of active service. The Board agreed there was no error or injustice in this case. 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 Army Board for Correction of Military Records (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 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information. Block 18 (Remarks) will be utilized to address incomplete item and state “DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be issued to provide missing information.” Block 4a (Grade, Rate or Rank) and 4b (Pay grade) enter active duty grade or rank and pay grade at time of separation from ERB/ORB. Block 12b (Separation date this period) the soldier's transition date may not be the contractual date if soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government. DD Form 215 will be issued when the missing information becomes available. 3. AR 600-8-22 (Awards) states that this Army policy criteria, and administrative instructions concerning individual and unit military awards. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170011213 4 1