ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 June 2019

	DOCKET NUMBER:  AR20180016557


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his: 

* Character of service as honorable 
* True education 
* Retirement points
* Awards and decorations 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214, ending on 18 December 1995
* NGB Form 22 (Report of Separation and Record of Service) 
* Army Discharge Review Board decision 
* College transcripts 
* NGB Form 23B (Army National Guard Retirement Points History Statement) 
* Letter from the Department of Veterans Affairs 

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 he was given an NGB Form 22 from the ARNG.  He has had significant problems obtaining employment due to many employers do not recognize the State NGB Form 22. 

3.  With respect to the character of service shown on his DD Form 214 (uncharacterized), the applicant's request is premature.  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 an applicant has not exhausted all administrative remedies available to him/her.  There is no evidence that the applicant has submitted his request to the Commander, U.S. Army Human Resources Command, ATTN AHRC-PDR-V, 1600 Spearhead Division Avenue, Department 420, Fort Knox, KY 40122-5402, and were denied relief.  

4.  Review of the applicant's records shows: 

	a.  He enlisted in the Florida Army National Guard (FLARNG) on 22 June 1995. 

	b.  He entered active duty for training (ADT) on 10 August 1995.  He completed training and was awarded military occupational specialty 92Y (Unit Supply Specialist). 

	c.  He was released from ADT to the control of his ARNG unit on 18 December 1995.  His DD Form 214 shows he completed 4 months and 9 days of active service.  It also shows in: 

* Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon
* Block 14 (Military Education), Unit Supply Specialist, 8 week, December 1995

	d.  Following his release from active duty, he performed inactive duty with his ARNG unit, Headquarters and Headquarters Company, 1st battalion, 111th Aviation, Jacksonville, FL.  He accrued retirement points during years June 1996 through June 1997, June 1997 through June 1998, and June 1998 through June 1999

	e.  The facts and circumstances surrounding his discharge from the ARNG are not available for review.  His records contain: 

		(1)  Orders P252-018, issued by the Office of The Adjutant General, FLARNG on 9 September 1999 ordering his honorable discharge from the ARNG on 1 October 1999 in accordance with paragraph 8-26d of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) and transfer to the U.S. Army Reserve Control Group (Annual Training). 

		(2)  NGB Form 22 shows he was discharged on 1 October 1999 under the provisions of chapter 8, paragraph 8-26d of NGR 600-200, as an unsatisfactory participant, with an honorable characterization of service.  He was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations. 

	f.  In January 2005, he petitioned the Army Discharge Review Board (ADRB) contending that the narrative reason for his separation from the ARNG was unfair.  The ADRB considered his case and referred it to the Adjutant General, State of Florida for possible change to the narrative reason to "physical standards."

	g.  He provides college transcripts, issued in July 2014, confirming he had been awarded a Bachelor of Business degree in July 2001. 
	g.  In Mach 2017, the Department of Veterans Affairs granted him service-connected disability compensation at a 10-pecent rate, and in August 2017, the VA increased it to 20 percent. 

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 18 December 1995, he was transferred back to his ARNG unit.  He was no longer on active duty.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  Based upon the applicant completing on 4 months of active duty service and the DD Form 214 responsible for note only active military service, the Board concluded that the characterization of service currently reflected on the applicant’s DD Form 214 is correct.  

The Board also found that it appeared that the applicant was asking for awards after the period covered by the DD Form 214, while in a National Guard status; those are denied because those were awarded after the period of service covered on the DD Form 214.  

Finally, the Board determined that retirement points do not go on the DD Form 214; therefore, the Board recommended denying the applicant’s requested relief.

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 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  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.  Chapter 2 states, for Item 13, enter awards and decorations (at the time of release from active duty), and for item 14, enter formal courses completed during the period covered by the DD Form 214

3.  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.

ABCMR Record of Proceedings (cont)	 AR20180016557


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