IN THE CASE OF: BOARD DATE: 20 April 2022 DOCKET NUMBER: AR20210016576 APPLICANT REQUESTS: issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) upon his retirement from the Army National Guard (ARNG) and correction of his DD Form 214 for the period ending 7 July 1991 to show: * his service in the U.S. Navy Reserve from 21 August 1984 to 16 November 1989 * training completed at Fort Lee, VA APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period 21 November 1990 to 7 July 1991 * National Guard Bureau (NGB) Form 23A (ARNG Current Annual Statement) * Record of Naval Reserve Service * letter from the Department of Veterans Affairs pertaining to his service-connected disabilities FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. 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: * there is no reference to his service in the U.S. Navy from 2 August 1984 to 16 November 1989 * he never received a final DD Form 214 when he retired * there is no mention of his schooling at Fort Lee, VA 3. The applicant's NGB Form 23A, dated 28 December 1992, shows: * ARNG service from 19 February 1965 to 18 February 1974 * non-military - civilian break from 19 February 1974 to 16 May 1975 * ARNG service from 17 May 1965 to 16 May 1977 * non-military - civilian break from 17 May to 2 December 1977 * ARNG service from 3 December 1977 to 20 August 1984 * U.S. Navy Reserve service from 21 August 1984 to 16 November 1989 * he reentered the ARNG on 17 November 1989 4. The applicant's record contains a diploma showing he completed the Food Service Specialist Noncommissioned Officer Advanced Course in December 1983 at Fort Lee, VA. This training was recorded in item 12 (Military Education) of his NGB Form 22 (Report of Separation and Record of Service) for the period ending 20 August 1984. 5. The applicant's DD Form 214 shows he entered active duty in support of Operations Desert Shield/Storm on 21 November 1990 and was released from active duty 7 July 1991. The DD Form also shows the following entries in: * item 12d (Total Prior Active Service) 4 months and 13 days * item 12e (Total Prior Inactive Service) 23 years, 9 months, and 11 days 6. The DD Form 214 does not show the Food Service Specialist Noncommissioned Officer Advanced Course in item 14 (Military Education). 7. The applicant's NGB Form 22 shows he was discharged from the ARNG and assigned to the U.S. Army Reserve (USAR) Control Group (Retired) on 24 November 1993. 8. There is no evidence in the applicant's available records indicating he was serving on active duty at the time of his assignment to the USAR Control Group (Retired) on 24 November 1993 or evidence indicating he served on active duty in excess of 90 days after his released from active duty on 7 July 1991. 9. Orders issued by the USAR Personnel Command on 19 September 2003 directed the applicant's placement on the Retired List effective 6 December 2003. 10. In connection with the processing of the applicant's case, an advisory opinion was obtained from the U.S. Army Human Resources Command, Army Service Center. It states that the applicant's U.S. Navy Reserve service and points are accounted for on his NGB Form 23A and that he will not receive a DD Form 214 based on this information since he served in a Reserve component. 11. The advisory opinion was provided to the applicant on or around 14 December 2021 and he was given the opportunity to provided additional evidence or comments. No response was received. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the Human Resources Command advisory, the Board concurred with the advising official finding the applicant’s United States Navy Reserve time and points were accounted for on his National Guard Bureau (NGB) Form 23A. The Board determined there was no error and the applicant did not need to receive a final DD Form 214 based on he served in a Reserve component. Based on this, the Board found no error and denied 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, U.S. Code, 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), in effect at the time of the applicant's retirement, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation further states: a. A DD Form 214 will be prepared for ARNG and USAR personnel separated after completing 90 days or more of continuous active duty training, full–time training duty, or active duty support. b. In item 14, list in–service training courses; title, number of weeks and year successfully completed during this period of service. This information is to assist the member after separation in job placement and counseling //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016576 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1