ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 29 October 2019 DOCKET NUMBER: AR20180008009 APPLICANT REQUESTS: in effect, correct his file to combine his United States Army Reserve (USAR) service time, his Regular Army (RA) time and his United States Texas National Guard (TXARNG) time on one file. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement 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. In a self-authored statement the applicant states he thought that the number of years he put in with the USAR at McAllen, TX at U.S Army Reserve HQ 356th Personnel & Administration, the TXARNG in Edinburg, TX and Regular Army would automatically be added to his file. He states he thinks all of his ARNG units were combined but under one unit but doesn’t know for sure. 3. Review of the applicant's records shows: a. He enlisted in the U.S Army Reserve (USAR) on 18 June 1973. b. On 27 August 1973, he enlisted in the Regular Army. He completed training and was awarded military occupational specialty 76Y (Unit Supply Specialist). c. He was honorably released from active duty to the control of his USAR unit on 26 August 1976. His DD Form 214 (Report of Separation from Active Duty) shows he completed 3 years of active service. It also shows in: * Block 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal * Block 16a (Primary Specialty Number and Title), Unit Supply Specialist, 8 week, February 1974 d. Following his release from active duty orders 36-46, transferred or returned him to his USAR unit, United State Army Reserve Control Group (Reinforcement) Reserve Components Personnel & Administration Center, Fort Bliss, TX, effective 26 August 1976. e. Orders , issued by Office of The Adjutant General, Reserve Component Personnel and Administration Center effective 1 September relieved him from USAR Control Group Reinforcement and assigned him to 961 Supply & Service Company, McAllen, TX 78501. f. Orders issued by Office of The Adjutant General, Reserve Component Personnel and Administration Center, St. Louis, MO honorably discharged the applicant from component standby reserve effective 17 June . g. On 14 October 1983, he enlisted in the Texas Army National Guard (TXARNG) “Under Try One in the Guard.” h. NGB Form 22 shows he was discharged on 5 December 1985 under the provisions of chapter 7, paragraph 7-10f of NGR 600-200, discharge from ARNG of the State only for enlisted personnel with a remaining Reserve obligation, with an honorable characterization of service. He was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations. f. Orders D-05-031928, issued by USAR Personnel Center, St. Louis, MO honorably discharged him from the Ready Reserve on 7 May 1986. 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. When the applicant was released from active duty on 26 August 1976, he was transferred back to his USAR unit. He was no longer on active duty. 6. AR 135-178 (Separation of Enlisted Personnel) states an honorable characterization is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. 7. National Guard Regulation 600-200, in effect at the time, set forth the basic authority for the personnel management of enlisted personnel of the Army National Guard. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The DD Form 214 is a record of active service. USAR and ARNG service is inactive service is not appropriate for reflecting on a DD Form 214. For that reason, the Board concluded there is no evidence of an 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 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) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program. 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * block 18(a). enter net active service this period * block 18(b) prior active service * block 18(c) total active service * block 18(d) prior in active service * block 18(e) total service for pay * block 18(f) foreign and/ or sea service this period 4. Army Regulation 135-178 (Separation of Enlisted Personnel) states an honorable characterization is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Chapter 2-14 states: a. A discharge for the purpose of complete separation from military service terminates a Soldier’s statutory and contractual military service obligation (MSO) on the effective date of the discharge. b. An enlisted ARNGUS Soldier who is discharged from the ARNG and not concurrently discharged as a Reserve of the Army automatically becomes a member of the USAR. An enlisted Selected Reserve Soldier who is discharged from the Selected Reserve or leaves active duty status and not concurrently discharged as a Reserve of the Army becomes a member of the IRR if eligible for and desires to maintain Reserve of the Army status. c. A discharge issued only for the purpose of a change in status with continuing military service does not terminate a statutory MSO. Some examples of such changes in status are— * Discharge from enlisted status upon appointment as an officer. * Discharge from a RC upon enlistment in a regular component. * Discharge upon transfer between RCs. * Discharge for the purpose of reenlistment in the same component. 5. National Guard Regulation 600-200, in effect at the time, set forth the basic authority for the personnel management of enlisted personnel of the Army National Guard. Chapter 7, paragraph 7-10m, provided for the discharge from the Army National Guard of the State only for enlisted personnel with a remaining Reserve service obligation for other good and sufficient reasons when the member had completed basic training or 8 weeks One Station Unit Training but had a remaining military service obligation. If discharged for this reason, a Soldier could be transferred to the Inactive National Guard at the option of the State Adjutant. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180008009 5 1