ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20180005886 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 11 April 1981 to show: his rank/grade as private first class (PFC)/E-3 vice private (PV1)/E-1 and his secondary military occupational specialty (MOS) 76Y (Unit Supply Specialist) * correction of his NGB Form 22 (Report of Separation and Record of Service) to show his date of birth (DOB) as __ vice APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Birth certificate * DA Form 4187 (Personnel Action) 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, in effect, there are some errors on his DD Form 214 and NGB Form 22. 3. With respect to the NGB Form 22, paragraph 2-5, Section II, Army Regulation (AR) 15-185 (ABCMR), the regulation under which this Board operates, states that the Board will not consider any application if it determines that you have not exhausted all administrative remedies available to you. There is no evidence that the applicant petitioned the State Adjutant General or the National Guard Bureau for correction of his State Form and was denied relief. 4. Review of the applicant's service records shows: a. He enlisted in the New York Army National Guard (NYARNG) on 26 August 1980. His initial enlistment contract is not available for review; however, other documents indicate he listed his DOB as and he enlisted in the rank/grade of PV1/E-1. b. He entered active duty for training (ADT) on 15 October 1980 and completed one station unit training at Fort Sill, OK for award of MOS 13B (Cannon Crewman) on 8 April 1981. c. He was honorably released from ADT on 11 April 1981. His DD Form 214 shows in: * Block 4a (Grade, Rate or Rank), PV1 * Block 4b (Pay Grade) E-1 * Block 5 (date of Birth), * Block 11 (Primary Specialty Number, Title and Years and Months in Specialty) 13B1O Cannon Crewman * Block 12h (Effective Date of Pay Grade), 26 August 1980 d. He was discharged from the NYARNG on 30 November 1983 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations. e. He again enlisted in the NYARNG on 3 April 1987. He was advanced to PFC/E-3 on 4 October 1987. He also completed the Unit Supply Specialist Course on 14 October 1987. f. He was discharged from the ARNG on 2 April 1988. He was issued an NGB Form 22 that captured this period of ARNG service. g. He again enlisted in the NYARNG on 28 November 1988 and he was then discharged from the ARNG on 1 January 1989 and transferred to the U.S. Army Reserve. He was also issued an NGB Form 22 that captured this period of ARNG service. h. He was honorably discharged from the U.S. Army Reserve on 1 February 1989. 5. By regulation (AR 635-5), 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. The instruction for contested blocks state: * Blocks 4a and 4b, enter active duty grade of rank and pay grade at time of separation - the applicant held the rank/grade of PV1/E-1 while on active duty; he was advanced to PFC/E-3, in the ARNG, some 6 years after his release from active duty * Block 5 Enter date using six–digit number in this item; year, month, and day written in that sequence without spaces or slashes, e.g.,420106 for 6 Jan 42; his DOB is correctly listed on his DD Form 214 * Block 11, enter the MOS codes, titles, years, and months for warrant officers and enlisted personnel; the only training he completed while on active duty was 13B; * Block 12h, enter the effective date of promotion to pay grade; the applicant enlisted on 26 August 1980 in the rank/grade of PV1/E-1 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. The applicant’s requests for correction involve actions that occurred after the period covered by the DD Form 214 for the period ending 11 April 1981. The Board agreed the separation document must reflect the conditions and circumstances that existed at the time the record was created. 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) covers the processing of the DD Form 214/. It 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. The instructions for completing each block state: * Block 4a and 4b, Enter active duty grade of rank and pay grade at time of separation. * Block 5, Enter date using six–digit number in this item; year, month, and day written in that sequence without spaces or slashes, e.g., 420106 for 6 Jan 42. * Block 11, Enter the MOS codes, titles, years, and months for warrant officers and enlisted personnel. * Block 12h, Enter the effective date of promotion to pay grade //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005886 4 1