ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  8 October 2019

	DOCKET NUMBER:  AR20180001419


APPLICANT REQUESTS:  the language regarding his service in the Massachusetts 
National Guard be removed from his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge).

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 (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.  The applicant states his DD Form 214 listed him as serving in the Massachusetts 
National Guard.  He has never served in the Massachusetts National Guard and the 
information, as he reads it, is incorrect.  He served in the U.S. Army Reserve 
(USAR) in Lynn, Massachusetts.  He subsequently served with the U.S. Air Force 
and received an honorable discharge from both services.  He provides additional 
details about the enlistment and his current address.

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the USAR on 20 August 1968.  He entered active duty on 
19 May 1969 to attend training.

	b.  His DA Form 20 (Enlisted Qualification Record) shows in Block 38 (Record of 
Assignments), he attended Basic Combat Training and Advanced Individual Training 
during his active service.

	c.  He was honorably released from active duty on 27 October 1969.  His DD 
Form 214 shows he completed 5 months and 8 days of active service with 8 months 
and 29 days of other service.  It also shows:

*	Block 11a. (Type of Transfer or Discharge) – Released to USAR
*	Block 14 (District, Area Command or Corp to Which Reservist 
Transferred) – Revert to USAR of Massachusetts
*	Block 30 (Remarks) – Released from active duty and returned to state 
control as a member of the Army Reserve of Massachusetts to complete 
remaining service obligation of 4 years, 9 months, and 3 days.

4.  By regulation, 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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  Board members noted that the applicant’s DD Form 214 
does not show he was in the National Guard of Mass.  It reflects that he served in 
the U.S. Army Reserve (USAR).  When he was released from active duty, he was 
transferred back to the USAR in the State of Massachusetts.  

However, the Board wished to inform the applicant that if the applicant still believes 
this is in error, he may reapply to this Board for reconsideration. 

   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 635-5 (Separation Documents) states 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180001419

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