IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220007294 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 August 1981 to accurately show his number of years of service * a personal appearance hearing before the Board via video/telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Army National Guard (ARNG) General Discharge Certificate, 1 October 2000 FACTS: 1. The applicant did not file within the 3-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 he served more years than are shown on his DD Form 214. 3. He enlisted in the ARNG on 30 January 1981 for a period of 6 years. 4. His available records do not contain the orders for his initial active duty for training. 5. His DD Form 214 shows he entered active duty on 14 April 1981. He was honorably released from active duty for training and transferred to the South Carolina ARNG effective 15 August 1981. He completed 4 months and 2 days of net active service during this period with 2 months and 15 days of prior inactive service (30 January 1981 through 13 April 1981). 6. He was honorably discharged from the ARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 27 August 1990. His NGB Form 22 covering the period 30 January 1981 to 27 August 1990 does not show his prior active-duty service from 14 April 1981 through 15 August 1981. 7. USAR Personnel Center Orders C-12-143118, 26 December 1991, released him from the USAR Control Group and assigned him to a USAR troop program unit effective 23 December 1991. 8. Headquarters, USAR Command, Orders 93-191-032, 8 July 1993, honorably discharged him from the USAR effective 8 July 1993. 9. On 10 November 1998, he again enlisted in the ARNG for a period of 6 years. 10. He was discharged from the ARNG on 1 October 2000. His NGB Form 22 covering the period 10 November 1998 through 1 October 2000 does not show his prior active- duty service from 14 April 1981 through 15 August 1981. 11. His service records contain no evidence indicating he completed any periods of continuous active duty for 90 days or more qualifying for issuance of any additional DD Forms 214. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, 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. 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. The Board determined the DD Form 214 will be issued at time of separation to each member of the Reserve components called or ordered to active duty for a period of 90 days or more. Upon review of the applicant’s petition and available military records, the Board found the applicant’s DD Form 214 accurately captures his years of service for the period ending 15 August 1981. Based on this, the Board denied relief. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. ? 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 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents), 15 August 1979, prescribed the separation documents which were prepared for Soldiers at the time of retirement, discharge, or release from active-duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be prepared for members of the ARNG of the United States and USAR after completing 90 days or more of continuous active duty for training, full-time training duty, or active-duty support. A DD Form 214 will also be prepared for members of the ARNG of the United States and USAR after completing initial active duty for training which resulted in the award of a military occupational specialty, even though the active duty was less than 90 days. b. There were no provisions allowing for the addition of service or achievements accomplished subsequent to the period covered by the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007294 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1