IN THE CASE OF:  
 
  BOARD DATE: 22 August 2023 
 
  DOCKET NUMBER: AR20230000636 
 
 
APPLICANT REQUESTS: in effect, his record corrected to show:  
 
• his date of discharge from the Army Reserve as 1990 in lieu of 1986 

• his date of discharge from the Individual Ready Reserve (IRR) as 1992 in lieu of 1986 


 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record) 
 
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 applied for a Department of Veterans Affairs (VA) home loan and was rejected. He was informed the data showed only 4 years of service out of 8 years. He did 6 years with the last 2 years at the IRR.   
 
3.  The applicant enlisted in the Texas Army National Guard (TXARNG) and as a Reserve of the United States Army for a period of 3 years on 10 May 1986.  
 
 a.  His NGB Form 21 (Annex A - DD Form 4) shows he enlisted in the ARNG for 3X5 – a period of 3 years of Selected Reserve and the remaining 5 years in the Individual Ready Reserve (IRR)/Inactive National Guard (ING), unless he desired to continue in an active ARNG status.  
 
 b.  Should he desire to waive the transfer option, he would immediately notify the appropriate ARNG authority.   
 
4.  The applicant entered initial active duty for training (ADT) on 12 November 1986. He was honorably released from ADT on 29 April 1987. He was credited 5 months 18 days net active service this period. 
5.  On 7 May 1989, the applicant extended his enlistment in the ARNG for 1 year.  
 
6.  An NGB Form 22-5-R (Addendum to DD Form 4) shows the applicant was accepted for an interstate transfer from the TXARNG to the ALARNG effective 23 January 1990. 
 
7.  The applicant’s NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) shows he was honorably discharged from the ALARNG 9 May 1990 under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-27t, after completing 4 years of ARNG service and he was transferred to the U.S. Army Reserve (Individual Ready Reserve) to complete his remaining service obligations.    
 
8.  Orders 327-003 show the applicant was transferred to the IRR effective 9 May 1990.   
 
9.  Orders D-05-434273 show the applicant was honorably discharged from the U.S. Army Reserve effective 10 May 1994.   
 
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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant enlisted on 10 May 1986 for an 8-year statutory requirement, 3 years of which in the ARNG and the remaining 5 years in the IRR. He extended his 3-year ARNG enlistment by 1 year, and he was later separated from the ARNG upon completing 4 years of ARNG service. There is no evidence of another extension in the ARNG. He was issued an NGB Form 22 that captured his 4 years of ARNG service. Upon separation from the ARNG, he was transferred to the IRR to complete the remaining 4 years. He was discharged from the IRR on 10 May 1994 (upon completion of his 8-year statutory obligation). The Board determined there is neither an error nor an injustice. 
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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.   
 
  8/22/2023

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.  National Guard Regulation (NGR) 600-200 (Personnel—General Enlisted Personnel Management) establishes standards, policies, and procedures for the management of Army National Guard of the United States (ARNGUS) enlisted soldiers. Paragraph 8-27t states expiration of Active Guard Commitment (i.e., at the end of 3 years of a 3x5 enlistment options).  
 
3.  DOD Instruction 1304.25, Fulfilling the Military Service Obligation (MSO), states every person who enters military service by enlistment or appointment incurs an MSO of 8 years from that entry date, pursuant to Section 651 of Title 10, United States Code (U.S.C). Exceptions to this requirement are specified in Paragraph 3.11. When a Service member fails to complete the MSO while on active duty in the Active or Reserve Components, the Secretary concerned will determine the combination of periods of active or inactive status to fulfill the remainder of the MSO in the Reserve Component, pursuant to Section 651 of Title 10, U.S.C. 
 
4.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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 also states a DD Form 214 will be prepared for members of the Reserve components ordered to ACDUTRA for a period of 90 days or more. 
 
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