BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160013257 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 amending his DD Form 214, ending 27 February 2005, as follows: * item 12a – delete "2004/12/18" and replace with "2003/12/18" * item 12c – delete "0000/02/10," replace with "0001/02/10" 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: 7 June 2018 DOCKET NUMBER: AR20160013257 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 7 June 2018 DOCKET NUMBER: AR20160013257 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) for the period ending 27 February 2005 to reflect 18 December 2003 through 27 February 2005 as the term he served on active duty. In addition, he requests to personally appear before the Board. 2. The applicant states, in effect, while a member of the Georgia Army National Guard (GAARNG), he was mobilized on 18 December 2003; he remained on active duty until 27 February 2005. However, his DD Form 214 only shows the period as being from 18 December 2004 to 27 February 2005; he is missing 11 months of active service. Since he retired, he has gone back and reviewed his service in the Army; this was when he discovered the error. 3. The applicant provides: * GAARNG Orders Number 353-007, dated 19 December 2003 * Headquarters, Fort Stewart and Hunter Army Airfield Orders Number 034-0042, dated 3 February 2005 * GAARNG Orders Number 015-556, dated 15 January 2005 * DA Form 67-9 (Officer Evaluation Report (OER)), for the rating period 19 December 2003 through 18 December 2004 * Air Medal Award Certificate, dated 17 December 2004 * Meritorious Service Medal Award Certificate, dated 10 February 2005 * DA Form 638 (Recommendation for Award), dated 30 December 2004 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 had prior service as a commissioned officer in the U.S. Army Reserve (USAR), the Arizona ARNG, and the Regular Army, the applicant was appointed as a commissioned officer in the GAARNG and executed his oath of office on 5 June 1996; he held the rank of captain. 3. GAARNG Orders Number 002306, dated 2 January 2004, (as amended by GAARNG Orders Number 015-556, dated 15 January 2005) ordered him to active duty for the period 18 December 2003 to 19 January 2005, under the provisions of Title 10, U.S. Code, section 12302a (Ready Reserve). (GAARNG Orders Number 002306, dated 2 January 2004 is not available for review). 4. He was promoted to major in the GAARNG and was granted Federal recognition effective 13 January 2004. 5. Orders Number 034-0042, dated 3 February 2005, issued by Headquarters, Fort Stewart and Hunter Army Airfield, released him from active duty (REFRAD) and assigned him back to the GAARNG, effective 27 February 2005. 6. He was honorably REFRAD on 27 February 2005 based on having completed his required active service. His DD Form 214 shows the following: * item 12a (Date Entered AD (Active Duty) This Period) – 2004/12/18 * item 12b (Separation Date This Period) – 2005/02/27 * item 12c (Net Active Service This Period) – 0000/02/10 * item 12f (Foreign Service) – 0000/11/17 * item 18 (Remarks) – "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW (in accordance with) (Title) 10 USC (section) 12302" * item 18, continued – "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM WHILE SERVING IN KUWAIT FROM 20040214 THRU 20050130" 7. GAARNG memorandum, dated 15 May 2008, Subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter) advised the applicant he had completed the required years of service for eligibility to receive non-regular retired pay at age 60. 8. GAARNG Orders Number 280-862, dated 7 October 2011, honorably separated the applicant from the GAARNG and transferred him to the USAR Control Group (Reinforcement), effective 31 October 2011. 9. U.S. Army Human Resources Command (HRC) Orders Number B-09-205668, issued on 18 September 2012, promoted him to lieutenant colonel, effective 28 August 2012. 10. Orders Number 15-067-00009, dated 8 March 2015, issued by Headquarters, U.S. Army Reserve Command, reassigned him to The Retired Reserve, effective 1 June 2015, because he had reached the maximum authorized years of service. 11. DA Form 71 (Oath of Office – Military Personnel), dated 6 February 2017, shows the applicant executed his oath of office as a Reserve warrant officer; his rank was reflected as chief warrant officer two (CW2). 12. HRC memorandum, dated 8 February 2017, Subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10, U.S. Code sections 12201 (Reserve Officers: Qualifications for Appointment) and 12203 (Commissioned Officers: Appointment, How Made) stated the Secretary of the Army directed the applicant to be appointed as a Reserve commissioned officer effective the date of his acceptance. 13. HRC Orders Number C-02-701893, dated 9 February 2017, reassigned the applicant from the USAR Control Group (Reinforcement) to a Troop Program Unit (TPU). 14. The applicant is currently serving in a USAR TPU as a CW2. 15. The applicant provides award certificates and an OER that were contemporaneous with his deployment to Kuwait. REFERENCES: 1. Army Regulation (AR) 635-8 (Separation Processing and Documents) prescribes policies and procedures for the completion of the DD Form 214. With regard to the completion of the DD Form 214, it states the following: * item 12a – to derive the date entered active duty, use the initial order to active duty; enter the beginning date of that period indicating continuous active duty * item 12c – the amount of service for the period of the report is computed by subtracting item 12a from 12b 2. Department of Defense Military Deployment Guide, updated February 2012, described the deployment cycle as including the phases of pre-deployment, deployment, post-deployment, and reintegration. The pre-deployment portion can include medical examinations, preparatory training, and the completion of administrative tasks that must be performed prior to departure. 3. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. It states further, in paragraph 2-11, that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record, including independent evidence he provided, is sufficient to render a fair and equitable decision at this time. 2. The applicant requests correction of his DD Form 214, ending 27 February 2005, so that it accurately reflects the date he entered active duty; in addition, he asserts his DD Form 214 currently misrepresents his net active service. * the applicant was mobilized in support of Operation Iraqi Freedom while a member of the GAARNG; at present, item 12a of his DD Form 214 shows he entered active duty on 18 December 2004 * his initial mobilization orders are not available for review, but his official military personnel file includes an amendment to the order; this amendment states he entered active duty on 18 December 2003 (1 year earlier) * the applicant was deployed to Kuwait during the period of this report; item 18 indicates the deployment was from 14 February 2004 to 30 January 2005 * it is reasonable to presume he was on active duty while deployed and, based on the preparation typically required, it is also reasonable to conclude he was on active duty prior to deployment * the foregoing evidence appears to support his entrance on active duty was on or about 18 December 2003 for the DD Form 214 ending 27 February 2005; based on this date, item 12c would change from 2 months and 10 days to 1 year, 2 months, and 10 days //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160013257 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013257 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2