BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150017942 BOARD VOTE: ____x_____ ____x___ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150017942 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry in item 23 (Type of Separation) on her DD Form 214 for the period ending 22 June 2010 and replacing it with "Release from Active Duty." _____________x____________ CHAIRPERSON 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. BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150017942 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) by deleting the entry in item 23 (Type of Separation) that shows "Release from Active Duty Training" and replacing it with "Release from Active Duty." 2. The applicant states, in effect, orders mobilized her in support of Operation Iraqi Freedom on 3 June 2009, and she was released from active duty on 22 June 2010. Her DD Form 214 incorrectly reflects her period of active service as being for training; she actually deployed to Kuwait/Iraq. She recently applied for a job with the government, and did not receive Veterans' preference because her DD Form 214 was wrong. 3. The applicant provides her DD Form 214 for the period ending 22 June 2010. CONSIDERATION OF EVIDENCE: 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 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve (USAR) on 30 November 2004 and served continuously in a USAR status. She held military occupational specialty 88M (Motor Transport Operator) and was promoted to specialist on 5 March 2007. 3. Orders Number 09-103-00004, dated 13 April 2009, issued by the 103rd Expeditionary Sustainment Command, ordered the applicant to active duty for a period of 400 days in support Operation Iraqi Freedom (OIF). Her reporting date was 3 June 2009. 4. Orders Number 09-158-00009, dated 7 June 2009, issued by the 103rd Expeditionary Sustainment Command, ordered the applicant to active duty for a period of 395 days in support of OIF with a reporting date of 7 June 2009. 5. Orders Number 09-159-00130, dated 8 June 2009, issued by the 103rd Expeditionary Sustainment Command, amended her previous order (Orders Number 09-103-00004, dated 13 April 2009) to reflect her period of active duty under that order was modified from 400 days to 4 days. 6. She was honorably released from active duty due to completion of her required active service. Her DD Form 214 shows the period of that service as from 3 June 2009 to 22 June 2010, resulting in 1 year and 20 days of net active creditable service. a. Item 18 (Remarks) indicates she served in Kuwait/Iraq from 16 July 2009 to 26 May 2010. It also states she was ordered to active duty in support of OIF under the provisions of Title 10 (Armed Forces), U.S. Code, section 12302 (Ready Reserve). b. The section titled, "Special Additional Information" shows: * item 23 (Type of Separation) – "Release from Active Duty Training" * item 25 (Separation Authority) – Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 4 (Separation for Expiration of Service Obligation) * item 26 (Separation Code) – "MBK" (voluntary release from active duty due to completion of required active service) * item 28 (Narrative Reason for Separation) – "Completion of Required Active Service" 7. Orders Number D-12-217429, dated 4 December 2012, issued by the U.S. Army Human Resources Command, honorably discharged the applicant from the USAR effective 4 December 2012. REFERENCES: AR 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. It stated, under the provisions of Title 10, U.S. Code, section 12302, the Secretary of Defense can designate operations (referred to as Contingency Operations) that require members of the USAR to be called or ordered to active duty in support of military actions against a hostile enemy. Item 23 was to state the type of separation, as appropriate. DISCUSSION: The evidence of record confirms orders mobilized the applicant and called her to active duty in support of OIF on 3 June 2009. The authority for her mobilization was Title 10, U.S. Code, section 12302, which authorizes the Secretary of Defense to call members of the USAR to active duty in support of Contingency operations. Her DD Form 214 for the period ending 22 June 2010 shows she deployed to Kuwait/Iraq and was subsequently released from active duty on completion of her required active service. There is no evidence that suggests the purpose of her active service was to participate in training. Based on the foregoing, it is clear the entry in item 23 was an error and should instead read "Release from Active Duty." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017942 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017942 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2