IN THE CASE OF: BOARD DATE: 12 July 2021 DOCKET NUMBER: AR20210007130 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect additional active duty service periods as follows: * October 1975 – June 1977 * June 1978 – July 1978 * April 1979 – May 1979 * June 1980 – July 1980 * January 1981 – February 1981 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), 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 present DD Form 214 reflects time served from 1981 to 1990. Please correct to also reflect time from October 1975 to June 1977 (active duty at Fort Sam Houston, TX and Fort Dix, NJ) and 180 days compiled during four (4) 45 day tours of active duty: June 1978 – July 1978, April 1979 – May 1979, June 1980 – July 1980, and January 1981 – February 1981. He is presently working for the United States government with the Veterans Administration (VA) as an attending physician. As part of the Post-56 Benefits Program, he would like to apply his prior active duty time with the Army to his retirement program with the VA. 3. The applicant’s Officer Record Brief shows his Pay Entry Base Date (PEBD) as 11 October 1975. A DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) shows he served in the Regular Army on active duty from 11 October 1975 to 21 July 1977. The applicant’s DD Form 214 for this period is not in his available service records. 4. The applicant accepted appointment in the USA Health Professions Scholarship Program effective 18 July 1977. He was appointed as a Reserve Commissioned Officer for the Army effective 22 July 1977. His DA Form 1506 shows he was not on active duty from 22 July 1977 to 22 June 1981 as he was attending medical school from 17 August 1977 to 16 May 1981. 5. The applicant was appointed as a Reserve Commissioned Officer for the Army effective 24 March 1981. He was ordered to Active Duty on 25 March 1981 with an effective date of 25 June 1981. 6. The applicant submitted a request for release from active duty on 13 March 1990 to enter civilian employment. His request was approved on 27 March 1990. 7. The applicant’s DD Form 214 shows he was honorably released from active duty on 11 September 1990. He was credited with 9 years 2 months 19 days active service; 1 year 9 months 12 days total prior active service; and 3 years 11 months 2 days total prior inactive service. 8. The applicant was transferred to the Retired Reserve on 30 November 1993. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be 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. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. 10. Army Regulation 635-8 (Separation Processing and Documents) currently in effect prescribes policy and procedural guidance relating to transition management. It consolidated the policies, principles of support, and standards of service regarding processing personnel for transition. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. 11. Army Regulation 601-141 (Personnel Procurement), in effect at the time) established the Army portion of the Armed Forces Health Professions Scholarship Program, as prescribed in Chapter 105, Title 10, US Code. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the lack of information to prepare a DD Form 214 for the active duty period of 11 October 1975 to 21 July 1977 and the period of service already annotated in Block 12d of the applicant’s DD Form 214, ending on 11 September 1990, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s record. The Board wished to inform the applicant that the other periods of active service was not greater than 90 consecutive days, therefore, a DD Form 214 is not warranted for those periods of service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :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, USC, 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be 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. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. a. A DD Form 214 will be prepared for personnel after completing 90 days or more of continuous ADT, FTTD, or active duty support. b. Chapter 2 (Preparation of Separation Documents) details when and how the DD Form 214 (Report of Separation from Active Duty) will be prepared. Section II, paragraph 2-8 addresses Item 12 (Record of Service) and states use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein. (1.) 12.c. (Net Active Service This Period) Enter amount of service this period (subtract 12a from 12b). Lost time under 10 USC 972 and non-creditable time after ETS, if any, will be deducted. For cadets, enter total time between dates in blocks 12a and 12b. (See block 18, item 18m for additional requirement pertaining to cadets.) (2.) 12.d. (Total Prior Active Service) Enter total amount of prior active military service less lost time, if any. If there was no prior active service, enter 00 00 00. (3.) 12.e. (Total Prior Inactive Service) Enter the total amount of prior inactive- service, less lost time, if any. DEP time which begins on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block, but it is creditable service towards the fulfillment of the statutory MSO date in block 6. For example, in figure 2-1 soldiers enlisted in the DEP before l Jan 85, and the 2 months 20 days in the DEP before enlisting in the RA counted as creditable service for pay purposes. 3. Army Regulation 635-8 (Separation Processing and Documents) currently in effect prescribes policy and procedural guidance relating to transition management. It consolidated the policies, principles of support, and standards of service regarding processing personnel for transition. 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. When separation is ordered, the separation approval document must be present for transition processing these included the enlisted Record Brief or Officer Record Brief, separation approval documents, separation orders and any other document authorized for filing in the personnel records. The rules for completing the DD Form 214 state to verify its accuracy by reviewing the initial enlistment contracts and/or application for appointment. If the Soldier has had more than one SSN, list the other SSN of record in Block 18 (Remarks). Once a DD Form 214 has been issued, there are few exceptions requiring reissuance. An appellate authority can direct reissuance or direct issuance of a DD Form 215 (Correction to DD Form 214). 4. Army Regulation 601-141 (Personnel Procurement) establishes the Army portion of the Armed Forces Health Professions Scholarship Program, as prescribed in Chapter 105, Title 10, US Code. Paragraph 6 (Annual active duty training period) states: a. During each 12-month period of participation, each individual will perform 45 days active duty for training, to include a maximum of one day travel to and one day travel from the training site. This active duty for training normally will be performed at an Army installation and will provide meaningful military and professional training and experience appropriate to the educational level and abilities of the officer. All active duty for training (ADT) periods will be served in pay grade 0-1, regardless of the Reserve commissioned grade held. Should a participant academic schedule preclude absence from school for a 45-day period, the ADT tour may be served at the school. Request for ADT at school in lieu of a military installation will be considered only when verified by a responsible official of the school as a degree-qualifying requirement in the course of study for the student. Requests for ADT will be approved by HQ USAMEDDPERSA (SGPEPD). b. When the ADT period is performed at a military installation, a US Army Officer Evaluation Report (DA Form 67-7) will be submitted in accordance with AR 623-105, with a copy to HQDA (SGPE-PD) for incorporation into the student management file. Raters and endorsers should address specifically in Part VII the officer's potential as a health professional. Commanders will establish rating schemes which ensure that specific rating officers are present and available during the ADT period in order that such students will be observed through daily contact. An OER will be rendered unless the 45-day ADT is curtailed for some reason and is less than 30 days or is performed at the school. The use of DA Form 1070-R (House Staff Evaluation Report) is encouraged as an additional yardstick for measuring student performance but will not serve as a substitute for DA Form 67-7. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007130 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1