IN THE CASE OF:  

		BOARD DATE:  27 May 2021

		DOCKET NUMBER:  AR20210007694


APPLICANT REQUESTS:  the issuance of a DD Form 214 (Certificate of Release or
Discharge from Active Duty)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	National Guard Bureau (NGB) Form 22 (Report of Separation and Record of
Service
*	NGB Form 23 (ARNG Retirement Credits Record)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, United 
States Code, 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 requests the issuance of a DD Form 214 because one could 
not be located in his records.

3.  A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the 
following:

     a.  The applicant enlisted in the Georgia ARNG for a period of 1 year on 26 February 
1975.

     b.  Item 40 (Total Active Federal Service) shows 1 year, 11 months, and 21 days.

     c.  Item 43 (total Inactive Federal Service) shows 4 years and 9 days.

     d.  Item 49 (Prior Service) shows the following prior service:

*	Army of the United States, 30 October 1957 through 9 October 1959, honorable 
discharge at expiration term of service (ETS)
*	U.S. Army Reserve (USAR), from 10 October 1959 through 29 November 1959, 
honorable discharge
*	GAARNG, from 30 November 1959 through 7 February 1968, honorable 
discharge

4.  The applicant’s available service records do not contain a DD Form 214 for his 
period of honorable active service in the Army of the United States from 
30 October 1957 through 9 October 1959.

5.  The applicant’s service records contain a memorandum from the National Personnel 
Records Center (NPRC), dated 30 November 1977, stating the applicant had active 
service in the Army of the United States from 30 October 1957 through 9 October 1959 
and that he was honorably released from active duty.

6.  The applicant’s NGB Form 22 shows he was honorably discharged from the 
GAARNG on 10 July 1992, after 17 years, 4 months, and 14 days of net service this 
period, 8 years, 3 months and 7 days of prior Reserve component service, and 1 year, 
11 months, and 9 days of prior active federal service.

7.  Office of the GAARNG Adjutant General Orders 135-26, dated 10 July 1992, 
honorably discharged the applicant from the ARNG and assigned him to the USAR 
Control Group (Retired) effective 10 July 1992.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that some relief was warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
Evidence of record shows the applicant served a period of active duty from 1957 
through 1959; however, he contends that he does not have DD Form 214 covering the 
period.  His record is absent a DD Form 214.  In the absence of sufficient information to 
create a DD Form 214, the Board agreed the applicant should receive a Transcript of 
Military record in the absence of his actual separation document.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:XXX	:XX	:XX	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by issuing him a AHRC Form 
1596 (Transcript of Military Record) covering the period 30 October 1957 through 
9 October 1959 showing an Honorable character of service.

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to issuing a DD Form 214 covering the contested period.


		  
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, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3-year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-5 (Personnel Separations – Administrative Separation 
Procedures and Forms), in effect at the time, established uniform administrative 
procedures and separation forms to be used in connection with the relief from active 
duty or complete separation from the military service of commissioned officer, warrant 
officers, and enlisted personnel.  It stated a DD Form 214 will be issued at the time of 
separation to each officer and enlisted person discharge, retired, or relieved from active 
duty, regardless of the character of service rendered, by the commander of the transfer 
facility unless otherwise directed by the Department of the Army.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210007694


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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