ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 July 2019

	DOCKET NUMBER:  AR20170019565


APPLICANT REQUESTS:  In effect, a review of his service credit.  He wants his date of enlistment into the ARNG to be placed on his DD Form 214.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 date he was inducted into the National Guard is not available.  He was sworn into the National Guard approximately May or June in 1964 in Modesto, CA.  On his DD Form 214 his entry date is 10 November 1964 and his date of rank is 1 October 1964.  Entry date on DD Form 214 is before.  The information on his DD Form 214 is inaccurate.

3.  The applicant provides his DD Form 214 that shows he was honorably released to Unites States Army Reserve on 1 April 1965.

4.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the U. S. Army Reserve (USAR) on 8 June 1964.

	b.  USAR letter orders (LO) 110004, dated 2 November 1964 shows he was ordered to active duty for training with a report date of 12 November 1964.  Effective date of change of strength accountability is 10 November 1964.

	c.  His  DD 214 reflects that his date of entry on active duty as 10 November 1964.  On 2 April 1965, he was honorably released from (ACDUTRA) and transferred to USAR to complete remaining service obligation.  The separation document shows he completed 5 months and 9 days of other service covering USAR service (8 June 1964 thru 10 November 1969).  He completed 4 months and 23 days of active service for the period.

	d.  USAR LO 149183, dated 30 August 1967 shows the applicant was relieved from USAR control group (annual training) and transferred to the Texas Army National Guard (TXARNG) on 17 April 1967.

	e.  The applicant’s record is void of a NGB Form 22 (Armed Forces of the United States Report of Transfer or Discharge) which would show complete service in the TXARNG.

5.  By regulation, Army Regulation 635-5 states the DD Form 214 is a record of active service.  ARNG is inactive service.

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.  Based upon the preponderance of the evidence, the Board agreed his separation documents account for his inactive and active service accordingly, and 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 635-5 states the DD Form 214 is a record of active service.  ARNG is inactive service.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170019565


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