IN THE CASE OF: BOARD DATE: 15 August 2022 DOCKET NUMBER: AR20220001666 APPLICANT REQUESTS: * correction to his date of birth (DOB) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * correction to his dates of service on his DD Form 214 and his NGB Form 22 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * NGB Form 22 * Standard Form 180 (Request Pertaining to Military Records) * Department of Veterans Affairs (VA) instructions, titled: “How to Apply for a Discharge Upgrade” 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 his DD Form 214 and his NGB Form 22 reflect the wrong DOB and both should show 25 August 1962. He also states both forms reflect the wrong length of service and date of separation. He does not provide a specific requested separation date but states his length of service should reflect 6 years in lieu of 5 years and 60 days. 3. Correction of the NGB Form 22 is not an action that falls under the purview of the ABCMR, but rather the National Guard Bureau (NGB). The applicant may submit his request for correction of his NGB Form 22 directly to the NGB at the following address: Army National Guard Readiness Center, Appeals and Analysis (ARNG-HRH-A),111 South George Mason Drive, Building 2, Arlington VA 22204-1382. As such, the portion of his request pertaining to correction of his NGB 22 will not be discussed further in this Record of Proceedings. 4. The applicant enlisted in the Army National Guard (ARNG) on 30 May 1986. His DD Form 4 (Enlistment/Reenlistment Document) shows his DOB. 5. The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) shows he was ordered to Active-Duty Training (ADT) for a period of 16 weeks, which included the following periods: * from 8 August 1986 through 14 August 1986, he was a receptee at the U.S. Army Reception Battalion, Fort Dix, NJ * from 15 August 1986 through 16 October 1986, he was a trainee in Basic Combat Training (BCT) at Fort Dix, NJ * from 17 October 1986 through 5 December 1986, he was a trainee in Advanced Individual Training (AIT) at Fort Dix, NJ 6. The applicant’s DD Form 214 shows the following: * item 5 (DOB) shows * item 9 (Command to Which Transferred) shows an ARNG unit in Baton Rouge, LA * item 11 (Primary Specialty Number, Title and Years and Months in Specialty) shows he was awarded the Military Occupational Specialty (MOS) 64C (Motor Transport Operator) * item 12a (Date Entered Active Duty this Period) shows 86 08 08 [8 August 1986] * item 12b (Separation Date this Period) shows 86 12 05 [5 December 1986] * item 12c (Net Active Service this Period) shows 03 28 [3 months and 28 days] * item 23 (Type of Separation) shows Release from ADT * item 24 (Character of Service) shows uncharacterized 7. The applicant’s DA Form 2-1 also shows the following: * he was transferred to his ARNG unit in Baton Rouge, LA, effective 6 December 1986, where he remained until his subsequent transfer to the Illinois (IL) ARNG effective 19 July 1988 * he remained in the ILARNG from 19 July 1988 through 15 May 1990 8. The applicant’s NGB Form 22 shows he was honorably discharged from the ARNG on 6 March 1992. Item 18 (Remarks) also shows the applicant’s period of active Federal Service covered by this NGB Form 22 was Initial ADT (IADT) from 8 August 1986 through 5 December 1986, corroborating the active-duty dates reflected on his DD Form 214. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered the applicant’s contentions, military record, and applicable regulatory guidance. The Board noted that the requested date of birth is already reflected in block 5 (Date of Birth) on his DD214; therefore, the Board could take no action and denied that portion of the request. 2. Further, the Board wishes to inform the applicant that Board authority does not extend to the correction of records under the authority of the National Guard Bureau, there is no basis upon which to grant relief. However, the Board refers the applicant to paragraph three above which provides information regarding the correction of his NGB records. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows his DD Form 214 covering the period ending 5 December 1986 should be amended with the following administrative corrections: * item 24 (Character of Service) to show “Honorable” instead of “Uncharacterized” 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier is in an entry-level status at the time separation action is initiated. b. Section II (Terms) of the Glossary defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. For Army National Guard (ARNG) and U.S. Army Reserve (USAR) Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to initial active duty training (IADT) for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II of Advanced Individual Training. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents, including the standardized preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty). The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. a. A DD Form 214 will be prepared for all personnel (except as stated in b) at the time of their retirement, discharge, or release from the Active Army. Included in the personnel issued a DD Form 214 are members of the ARNG and USAR separated after completing 90 days or more of continuous Active Duty Training (ADT), Full Time Training Duty (FTTD), or active duty support and after completing initial ADT which resulted in the award of a Military Occupational Specialty (MOS), even though the active duty was less than 90 days. b. The guidance for preparation of the numbered items on the DD Form 214 shows the following: * item 5 (Date of Birth) enter the date using six-digit number in this item; year, month, and day written in that sequence without spaces or slashes, e.g., * item 12a (Date Entered Active Duty This Period) enter the beginning date of the enlistment period or tour of duty for which a DD Form 214 was not issued * item 12b (Separation Date This Period) enter the separation date this period. Separation date may not be the contractual date if extended for makeup of lost time or Soldier has been held over for the convenience of the Government. * item 12c (Net Active Service This Period) enter amount of service this period by subtracting 12a from 12b (Separation Date this Period) * item 12d (Total Prior Active Service) enter the total amount of prior active military service less any lost time * item 12e (Total Prior Inactive Service) enter the total amount of prior inactive service, less lost time * item 24 (Character of Service) shows the authorized entries are Honorable, Under Honorable Conditions (General), Under Other than Honorable Conditions, Bad Conduct, Dishonorable, To be determined, and not applicable (for release from custody and control of the Army due to void or voided enlistments) 4. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management, including the preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty). a. The general instructions state 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. There are no provisions for accomplishments that postdate the issuance of the DD Form 214. b. The specific instructions for completion of block 24 (Characterization of Service) includes the instructions that when a Reserve Component Soldier successfully completes initial active duty training, the character of service is honorable, unless directed otherwise by the separation approval authority. This is a change from the prior regulations in effect at the time of the applicant’s service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001666 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1