ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 September 2019 DOCKET NUMBER: AR20180007421 APPLICANT REQUESTS: service dates be corrected to reflect * Virginia National Guard (years in service) 2-2-7 * US Army Reserve (years in service) 2-0-7 * US Army (year in service) 3-0-0 * total service 7 years, 2 months and 14 days APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Honorable Discharge Certificate * Army of the United States Honorable Discharge Certificate, 30 March 1961 * Army of the United States Honorable Discharge Certificate, 30 March 1964 * Department of Veterans Affairs Summary of Benefits Letter, 22 February 2018 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 his time in the Virginia National Guard and the United States Army Reserve is not reflected in the correct total amount of years on his service records and military information. He would like his service time corrected to reflect his time honorably served. 3. The applicant provides: a. His National Guard Honorable Discharge Certificate, dated 20 April 1959, showing he served honorably. b. The Army of the United States, Honorable Discharge Certificate dated 30 March 1961, for his honorable service. c. The Army of the United States, Honorable Discharge Certificate dated 30 March 1964, for his honorable service. d. Department of Veterans Affairs Summary of Benefits Letter dated 22 February 2018, which shows his character of discharge and service date (blackened out). It also shows his overall service compensation evaluation of 10%. 4. A review of the applicant’s service record shows the following on: * 14 February 1957 - he enlisted in the Army National Guard * 20 April 1959 - he was honorably discharged from the Army National Guard * 31 March 1961- he enlisted in the Regular Army * 30 March 1964 - he was honorably discharged from the Regular Army 5. His National Guard Bureau (NGB) Form 22 shows the following: * Item# 7 (date of discharge), 20 April 1959 * Item 21# (date and place of enlistment), 14 Feb 1957 * Item# 26 (length of service), 2 years, 2 months, 7 days * Item# 27 (total service for pay purposes) – 2 years, 2 months, 7 days 6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following: * Item # 11d (Discharge Data), 30 March 1964 * Item# 19c (date of entry), 31 March 1961 * Item # 24a (1) (net service), 3 years * Item # 24a (2) (other service), 4 years,1 month and 7 days * Item# 24a (3) (Total ), 7 years,1 month and 7 days * Item# 24b (Total Active Service), 3 years * Item# 24c Foreign and/or sea service 1 year, 11 months and 25 days 7. AR 635-5 (Personnel Separations) states that DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. A DD Form 214 will be prepared for each Reserve component Soldier completing 90 days or more of continuous active duty for training. ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the docuementary evidence provided by the applicant and found within the military service record, the Board concluded that the service date information was accurately reflected on the DD Form 214. The Board wished to inform the applicant that only active duty service is reflected on a DD Form 214. As a result, the Board found no error or injustice which would warrant making a change to the applicant’s record. 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) establishes the standardized policy for preparing and distributing the DD Form 214. The separation document is to provide the individual with a completed and accurate documentary evidence of their military service. The DD Form 214 is a summary of a Solder’s most recent period of continues active duty of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. The DD Form 214 is not required for periods less than 90 days ABCMR Record of Proceedings (cont) AR20180007421 3 1