ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 May 2019 DOCKET NUMBER: AR20160018521 APPLICANT REQUESTS: Correction of his record to show: * his Pay Entry Basic Date (PEBD) as 4 April 2009 instead of 27 July 2009 * a change to his narrative reason for separation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 4 April 2009 * Letters of support * Orders Number 14-042-00028, dated 11 February 2014 * Army Discharge Review Board (ADRB) Docket Number AR20150014518, dated 28 November 2016 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 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 PEBD should be the date he signed his contract and not the date he went to basic training because he was in the U.S. Army Reserve and not active duty. The Army is trying to recoup a portion of his bonus based off the number of years he served, and since the time in service is wrong that portion of the recoupment is larger. Before he was separated from the USAR he noticed his PEBD was wrong and he tried to get it changed, but his unit S-1 said changing the date would not change anything. A few months after being out of the Reserves he received a letter from the U.S. Treasury Department informing him they were recouping a part of his bonus because he had only served 3 years and not the 5 years he had already served. 3. A review of the applicant’s service records show the following on: * 4 April 2009 – enlisted in the USAR for a period of 8 years of which 6 years would be served in the USAR * DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows the following in item 32a (Specific Option/Program Enlisted for) Non-Prior Service Enlistment Bonus (NPSEB) $20,000.00 * DA Form 3540 (Certificate and Acknowledgement USAR Service Requirements and Methods of Fulfillment) shows he agreed to serve for 6 years in the Selected Reserve and 2 years in the Individual Ready Reserve and if he accrued more than 9 unexcused absences he would be declared an unsatisfactory participant * 27 July – 16 December 2009 – the applicant was ordered to active duty for training and released to his USAR unit, DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 months and 20 days of net active service * 11 February 2014 – Orders Number 14-042-00028, issued by Headquarters, 63rd Regional Support Command, reduced the applicant to the rank of private and honorably discharged him under the provisions of Army Regulation (AR) 135-178 (Enlisted Administrative Separations) * his record is void of a separation packet providing details leading to his separation from the USAR 4. On 27 July 2015, the applicant petitioned the ADRB for a change to his narrative reason for separation. On 21 October 2016, the ADRB denied his request. Additionally, the ADRB directed issuance of an amended order changing his characterization from honorable to under other than honorable conditions. 5. On 20 March 2017, Headquarters, 63rd Regional Support Command published orders Number 17-079-00002 amending Orders Number 14-042-00028 insomuch as changing his characterization of service from honorable to under other than honorable conditions 6. The applicant provides. a. A self-authored letter that states in pertinent part, he received an email stating he would be separated on 19 February 2014, and he had not received any counseling statements, certified letters, or any mention from his chain of command. He contacted his chain of command and nothing was done. He believes with proper counseling or notices earlier on the issues surrounding his separation could have been addressed and fixed before being separated and demoted. He would drive over 300 miles one way to attend a battle assembly and prove he wanted to be in the Army. His unit failed him by bouncing him around from platoon to platoon and changing the chain of command, and he fell between the cracks. a. b. Support letters attesting to the applicant’s ability to be a great asset to any military organization and demonstrating the Army values. 7. See applicable regulations below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded there insufficient evidence to show evidence of an error or injustice which would warrant making a change to the record of the applicant. In making this finding, the Board found a lack of evidence to show any inactive training performed by the applicant prior to his active duty training for basic training. Additionally, the Board found no justification shown by the applicant for changing the narrative reason for separation on his DD Form 214. The Board concluded that he after completing basic training and AIT, the applicant returned to the USAR and, since the DD Form 214 only capatures active duty service, the current DD Form 214 reflects his completion of active service. Therefore, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X 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. 5/23/2019 CHAIRPERSON Signed by: 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 three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 15-185 (ABMCR) paragraph 2-9 states 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. AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It is a summary of the Soldier’s most recent period of continuous active duty. It is prepared for Reserve component Soldiers competing 90 days or more of continuous active duty for training. Item 12a, enter the beginning date of the continuous period of active duty. 4. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2 states, as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive to the member. Enclosure E3.1.2.2 states the member shall serve satisfactorily, as prescribed by the service regulations and the written agreement for the entire period of the enlistment. 5. DODI 7000.14-R (DOD Financial Management Regulation) states service which is creditable for most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service. The following period of service is creditable, a period of enlisted service in a Reserve Component under Title 10 USC, section 12103(b) or (d), including inactive service under a delayed entry program, is creditable service only if the member performs Inactive Duty Training (IDT) before beginning active duty or an initial period of Active Duty Training. 6. AR 635-200 (Active Duty Enlisted Administrative Separations) chapter 4 states a Soldier enlisted or ordered to active duty normally will be discharged or released from active duty on the date he/she completes the period for which enlisted or ordered to active duty.