IN THE CASE OF: BOARD DATE: 27 October 2021 DOCKET NUMBER: AR20210005003 APPLICANT REQUESTS: in effect, correction of his records to show his 8-plus years of active duty service, 21 cumulative years of Reserve Component (RC) service, and authorized campaign ribbons in a single document for Federal civilian retirement credit. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * The Adjutant General's Office, State of Vermont, Orders 146-114, 30 July 1996 * The Adjutant General's Office, State of Vermont, Orders 187-129, 27 September 1996 * three DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 14 July 1993, 13 April 1994, and 29 September 1997 * U.S. Total Army Personnel Command Orders A-09-001925, 14 September 1998 * Defense Finance and Accounting Service (DFAS) Leave and Earning Statements for the periods ending 27 August 1997, 31 May 1998, and 23 September 1998 * Honorable Discharge Certificate, 1 January 2003 * DFAS-Cleveland Form 1340/2 (Estimated Earnings During Military Service), 5 June 2017 * Vermont Army National Guard (ARNG) Records Branch Letter, 23 February 2021 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: a. He has multiple service categories and periods of military service, starting with Reserve Officers' Training Corps (ROTC) from 1982 to 1986; his initial active duty tour from 1986 to 1990; Operation Desert Storm activation from 1990 to 1991; military schools from 1992 to 1994; his deployments to Panama in 1992, Germany in 1994, active duty service in Germany from 1996 to 1999; and his forward-deployed service in Bosnia from1996 to 1998 and Kosovo in 1998. b. His DD Forms 214 are scattered and he needs a cumulative listing of his 8-plus years of active duty service, 21 cumulative years of RC service, and authorized campaign ribbons in a single document for Federal civilian retirement credit. 3. His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), undated, shows the date his education commenced as September 1984 with a completion date of May 1986. 4. The Headquarters, U.S. Army First ROTC Region, memorandum (Appointment as a Reserve Commissioned Officer of the Army), 16 May 1986, appointed him as a Reserve commissioned officer of the Army effective upon his acceptance. 5. The Headquarters, First ROTC Region, Orders 103-91-A-958, 5 June 1986, ordered him to active duty with commencement of travel no earlier than 16 June 1985. 6. He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 18 June 1990. His DD Form 214 for this period shows in: * item 6 (Reserve Obligation Termination Date) – 15 May 1994 * item 12a (Date Entered Active Duty This Period) – 19 June 1986 * item 12c (Net Active Service This Period) – 4 years * item 12e (Total Prior Inactive Service) – 1 month * item 12f (Foreign Service) – none * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Achievement Medal with 1st Oak Leaf Cluster * Army Service Ribbon * Parachutist Badge * Army Lapel Button 7. His National Guard Bureau (NGB) Form 62 (Application for Federal Recognition as an ARNG Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States), 30 July 1990, shows military service in the Army ROTC Program from 21 August 1982 to 16 May 1986. 8. His service records show he was ordered to active duty in support of Operation Desert Shield/Desert Storm on 30 November 1990 with Headquarters and Headquarters Company, 1st Battalion, 156th Armor Regiment. 9. NGB Special Orders 238, 11 December 1990, announced his Federal recognition in the ARNG, assigned to Company A, 415th Military Intelligence Battalion, effective 1 November 1990. 10. He was honorably released from active duty and transferred to the control of the 415th Military Intelligence Battalion on 31 August 1991. His DD Form 214 for this period shows in: * item 6 – 15 May 1994 * item 12a – 30 November 1990 * item 12c – 9 months and 2 days * item 12d (Total Prior Active Service) – 4 years * item 12e – 6 months and 12 days * item 12f – none * item 13 – * Army Commendation Medal * Army Achievement Medal with 2nd Oak Leaf Cluster * National Defense Service Medal * Army Service Ribbon * Parachutist Badge * Army Lapel Button 11. His orders to active duty for training to attend the Military Intelligence Officer Tactical Transition Course are not in evidence for review. 12. He was honorably released from active duty for training and transferred to the control of Company A, 415th Military Intelligence Battalion, on 14 July 1993. His DD Form 214 for this period shows in: * item 6 – none * item 8 (Last Duty Assignment and Major Command) – Company A, 309th Military Intelligence Battalion, 111th Military Intelligence Brigade, Training and Doctrine Command * item 11 (Primary Specialty) – 35D Military Intelligence Officer Tactical * item 12a – 23 May 1993 * item 12c – 1 month and 22 days * item 12d – 4 years, 9 months, and 1 day (should read 4 years, 9 months, and 2 days) * item 12e – 2 years, 2 months, and 3 days * item 12f – none * item 13 – * Army Commendation Medal * Army Achievement Medal with 2nd Oak Leaf Cluster * National Defense Service Medal * Army Service Ribbon * Parachutist Badge * Army Lapel Button 13. His orders to active duty for training to attend the Military Intelligence Officer Advanced Course and the Military Intelligence Officer Track Counterintelligence Course are not in evidence for review. 14. He was honorably released from Active Duty for Training and transferred back to Company A, 415th Military Intelligence Battalion, on 14 April 1994. His DD Form 214 for this period shows in: * item 8 – Company A, 309th Military Intelligence Battalion, 111th Military Intelligence Brigade, Training and Doctrine Command * item 11 – 35E Counterintelligence * item 12a – 1 September 1993 * item 12c – 7 months and 13 days * item 12d – 4 years, 10 months, and 23 days (should read 4 years, 10 months, and 24 days) * item 12e – 2 years, 2 months, and 3 days * item 12f – none * item 13 – * Army Commendation Medal * Army Achievement Medal with 2nd Oak Leaf Cluster * National Defense Service Medal * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon * Parachutist Badge * Army Lapel Button 15. Headquarters, Louisiana National Guard, Orders 148-020, 1 August 1994, transferred him from assignment to the Louisiana ARNG and reassigned him to the Vermont ARNG effective 2 June 1994. 16. The Adjutant General's Office, State of Vermont, Orders 146-114, 30 July 1996, ordered him to active duty for special work for the period 1 August 1996 to 27 September 1996 with duty in Heidelberg, Germany. 17. The Adjutant General's Office, State of Vermont, Orders 1876-129, 27 September 1996, ordered him to active duty for special work for the period 1 October 1996 to 17 February 1997 with duty in Heidelberg, Germany. 18. U.S. Total Army Personnel Command Orders A-09-001800, 4 September 1997, ordered him to active duty for a period of 179 days with a reporting date of 1 October 1997 (ending date of 28 March 1998). He was ordered to report to Headquarters, U.S. Army Europe and 7th Army, Heidelberg, Germany. 19. He was honorably released from active duty and transferred to the control of the Vermont ARNG on 29 September 1997. His DD Form 214 for this period shows in: * item 8 – Headquarters, U.S. Army Europe and 7th Army * item 12a – 1 October 1996 * item 12c – 11 months, 29 days * item 12d – 5 years, 6 months, and 6 days (should read 5 years, 6 months, and 7 days) * item 12e – none * item 12f – 11 months and 29 days * item 13 – * Army Commendation Medal * Army Achievement Medal with 2nd Oak Leaf Cluster * National Defense Service Medal * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon * Parachutist Badge * Army Lapel Button 20. U.S. Total Army Personnel Command Orders A-09-001800A01, 26 March 1998, amended Orders A-09-001800, 4 September 1997, changing the period of active duty to 358 days (ending date of 23 September 1998). 21. His DFAS LES for the period of active duty for training from 16 May 1998 to 31 May 1998 shows he received back pay for cost of living allowance from 29 March 1998 to 21 April 1998 and hostile fire pay from 1 April 1998 to 30 April 1998. His available records do not contain a DD Form 214 covering the period 1 October 1997 to 23 September 1998. 22. U.S. Total Army Personnel Command Orders A-09-001925, 14 September 1998, ordered him to active duty for a period of 179 days with a reporting date of 17 October 1998 (ending date of 13 April 1999). He was ordered to report to Headquarters, U.S. Army Europe and 7th Army, Heidelberg, Germany. His available records do not contain a DD Form 214 covering this period 17 October 1998 to 13 April 1999. 23. His DFAS LES, 23 September 1998, shows he received hostile fire pay for the month of August 1998. 24. The U.S. Total Army Personnel Command memorandum (Notification of Promotion Status), 26 July 2001, notified the applicant that a Department of the Army Reserve Components Mandatory Selection Board convened on 6 March 2001 to consider officers of his grade for promotion. He was considered but, unfortunately, he was not among those selected for promotion by this board. All eligible officers should receive two opportunities for promotion and if he remained eligible, he would be considered for promotion the next year. 25. He was honorably discharged from the Vermont ARNG and transferred to the USAR Control Group (Reinforcement) on 15 November 2001. His NGB Form 22 (Report of Separation and Record of Service) shows in: * item 4 (Date of Enlistment) – 1 November 1990 * item 10a (Net Service This Period) – 11 years and 15 days * item 10b (Prior Reserve Component Service) – 5 months and 16 days * item 10c (Prior Active Federal Service) – 4 years * item 10d (Total Service for Pay) – 15 years, 6 months, and 1 day * item 10e (Total Service for Retired Pay) – 13 years * item 15 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded This Period) – * Army Commendation Medal * Army Achievement Medal with 2nd Oak Leaf Cluster * National Defense Service Medal * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon * Parachutist Badge * Army Lapel Button * item 18 (Remarks) – "Individual was discharged without personal notice" * item 23 (Authority and Reason) – "Failure to reply to or accept official correspondence, travel orders, or forms" 26. The U.S. Total Army Personnel Command memorandum (Notification of Promotion Status), 16 July 2002, notified the applicant that a Department of the Army RC Mandatory Selection Board convened on 4 March 2004 to consider officers of his grade for promotion. He was considered but, unfortunately, he was not among those selected for promotion by this board. As a result of this second non-selection, he must be discharged with an established removal date of not later than 1 January 2003. 27. USAR Personnel Command Orders D-08-235006, 28 August 2002, honorably discharged him from the USAR effective 1 January 2003. 28. The DFAS-Cleveland Form 1340/2, 5 Jun3 2017, provided him with an estimate of his earnings during the active duty periods: * 28 November 1987 through 18 June 1990 * 30 November 1990 through 31 August 1991 * 23 May 1993 through 14 July 1993 * 1 September 1993 through 13 April 1994 * 1 August 1996 through 27 September 1996 * 1 October 1996 through 29 September 1997 * 1 October 1997 through 23 September 1998 * 17 October 1998 through 31 December 1998 * 1 January 1999 through 30 April 1999 29. The Vermont ARNG Records Branch letter, 23 February 2021, responded to the applicant's request, 19 February 2021, for copies of his DD Forms 214 for the period 1996 through 1999. They could only find copies of his orders for the following periods: * 1 August 1996 through 27 September 1996 * 1 October 1996 through 17 February 1997 * 18 February 1997 through 29 September 1997 * 1 October 1997 through 23 September 1998 * 17 October 1998 through 13 April 1999 30. His records contain no evidence of deployments to Panama, Bosnia, or Kosovo. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. The evidence presented does not demonstrate the existence of a probable error or injustice. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214, a summary of a specific period of active duty service. Evidence in the record show the applicant had five (5) different DD Form 214’s covering his periods of service. The Board found no error on the applicant’s DD Form 214 and agreed his separation paperwork was accurate. For that reason, the Board recommended that denying the requested relief was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XX XXX 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. 3. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It establishes standardized policy for preparation of the DD Form 214. a. Paragraph 5-1 (When to Prepare the DD Form 214) states the DD Form 214 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. A DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more of continuous active duty. b. Paragraph 8-2 (Rules for Reissuing DD Form 214) states do not issue DD Form 214 to replace copies or DD Forms 214 lost by the Soldier. If no DD Form 214 is available, issue a DA Form 1569 (Transcript of Military Record). c. Paragraph 9-1 (Other Documents) states a DD Form 220 is used to document periods of active duty when a DD Form 214 is not warranted (less than 90 days). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005003 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1