BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160002961 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. BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160002961 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING ::x :x :x DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160002961 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Title 10, U.S. Code, section 1405, service of 17 years, 2 months, and 5 days. 2. The applicant states: a.  His DD Form 214 does not show his inactive duty training under section 1405. b.  He is a civil service employee and he would like to have all of his military service credit. 3. The applicant provides no additional evidence. 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. Having honorable enlisted service in the Regular Army, the applicant enlisted in the Army National Guard on 4 April 1986. 3. On 28 June 1987, he was ordered to active duty and he was honorably released from active duty on 30 June 1991. 4. National Guard Bureau (NGB) Orders 79-3, dated 6 May 1993, ordered him to active duty on 4 June 1993 for a 3-year period in an Active Guard Reserve status. 5. On 10 August 1994, he submitted a request for early retirement under the Temporary Early Retirement Authority and his request was approved on 7 October 1994. 6. NGB Orders 57-14, dated 21 October 1994, released him from active duty effective 30 April 1995 and placed him on the Retired List. These orders show his service under section 1405 as 15 years, 8 months, and 4 days. 7. His Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points), dated 23 March 1999, for the period 7 March 1977 through 1 May 1995 shows he had 18 years, 1 month, and 25 days of qualifying service for retirement. 8. NGB Orders 107-7, dated 17 April 2001, amended NGB Orders 57-14 by changing his voluntary retirement to show 16 years, 11 months, and 19 days; basic pay to 18 years, 1 month, and 24 days; and section 1405 service to 17 years, 2 months, and 5 days. 9. On 1 August 2001, he was issued a DD Form 215 (Correction to DD Form 214) that corrected item 12d (Total Prior Active Service) of his DD Form 214 for the period ending 30 April 1995 to show 16 years, 11 months, and 19 days instead of 13 years, 1 month, and 21 days. 10. On 7 December 2001, he was issued an NGB Form 22A (Correction to NGB Form 22) that shows the addition of his Active Guard Reserve period of service from 4 June 1993 to 30 April 1995. 11. On 20 September 2002, he was issued a DD Form 215 that amended his DD Form 214 for the period ending 30 April 1995 to show his Active Guard Reserve tour ending 30 April 1995 was Federal service under Title 10, U.S. Code, section 672. 12. On 26 April 2004, he was issued an NGB Form 22A which amended his previous NGB Form 22A and his NGB Form 22 for the period ending 30 April 1995. 13. On 7 December 2017, the Chief, Special Actions Branch, NGB, provided an advisory opinion in which he recommended denial of the applicant's request. He stated: a.  The applicant received retirement orders, dated 21 October 1994, with an effective date of 30 April 1995, which totaled his section 1405 service, among other data utilized to calculate and implement retirement benefits. b.  The applicant also received his DD Form 214, dated 30 April 1995, due to retirement. c.  On 17 April 2001, NGB issued the applicant amended retirement orders with adjusted calculations for voluntary retirement, basic pay, and section 1405 service. d.  The NGB Personnel Services Branch reports that due to the use of the DD Form 214 across all components, as well as the lack of applicability of section 1405 service to active duty, there is no reserved section (specified block) to list section 1405 service on the DD Form 214. e.  There is no evidence to suggest the applicant received insufficient discharge papers upon his retirement from the Army. However, when NGB was made aware of a calculation error, they amended the applicant's retirement orders. These amended orders were sufficient to pair with the DD Form 214 for recording his service and to initiate any potential adjustments in pay or benefits. There is neither a need nor ability to add this amended information to the DD Form 214 as all amended information resides in the applicant's orders. There is no evidence of injustice or error. f.  The NGB Personnel Services Branch coordinated in this recommendation. The California Army National Guard did not provide input in this case. 14. On 3 January 2018, a copy of the advisory opinion was provided to the applicant for review and for an opportunity to provide a response. He did not respond. REFERENCES: 1. Title 10, U.S. Code, section 1405, defines section 1405 service as inactive duty training points that become credited toward pay after achieving retirement eligibility. 2. Army Regulation 600-8-105 (Military Orders) prescribes policies and mandated tasks governing military orders as a multifunctional program. It also serves as a basic frame of reference for Army National Guard of the United States personnel not on active duty. This publication is applicable during mobilization. Figure 9-11 (Format 600 – Service Retirement of Enlisted Personnel) and Figure 9-20 (Format 686 – Retirement of Army National Guard of the United States and U.S. Army Reserve Personnel for Qualifying Active Duty or Reserve Service) dictate formatting of retirement orders, to include listing a Soldier's section 1405 service. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon 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 DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. The regulation did not provide for listing section 1405 service on the DD Form 214. DISCUSSION: 1. The applicant contends his section 1405 service in the amount of 17 years, 2 months, and 5 days is not listed on his DD Form 214. 2. He was initially issued retirement orders showing his section 1405 service as 15 years, 8 months, and 4 days; however, these orders were later amended to show his section 1405 service as 17 years, 2 months, and 5 days. There was no provision in the governing regulation for listing this service on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160002961 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002961 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2