ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20160019103 APPLICANT REQUESTS: issuance of DD Form(s) 214 (Certificate of Release of Discharge from Active Duty) for periods he served on active duty with the Army National Guard (ARNG). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant states: * he served on active duty orders for the California ARNG from 20 October 2008 to 30 September 2012 * he's contacted the California State G1 office to get copies of his orders * he also requested to have a DD Form 214 issued for his active duty time * he was told the California ARNG did not have copies of his orders and he would have to contact the Army Board for Correction of Military Records (ABCMR) to get a DD Form 214 issued * he served nearly four years on active duty and has no documentation to show for it * he would like to see what benefits he could potentially qualify for based on his active duty time * the California ARNG cannot give him the documents * he can't say for sure what caused them to be unable to give him the documents * his assumption is the database used does not archive orders for a significant period of time * he believes a review of the ARNG databases will show he served this time on active duty * he would like the documentation to show for it 2. The applicant's service records contained two active duty orders. Orders 805-301 dated 22 February 2008 ordered the applicant to active duty to complete initial active duty training. The applicant was issued a DD Form 214 with an entry date of 22 February 2008 and a separation date of 19 July 2008. The reason for separation was 1. release from active duty training. He served a total of 4 months and 28 days of active duty service for that time period. 3. The applicant’s was ordered to full time National Guard duty from 1 April 2012 through 30 June 2012, a total of 91 days. The applicant's records do not contain any other active duty orders. 4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states, a DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing 90 days or more days of continuous active duty. For example, such periods may consist of Active Duty Operational Support (ADOS), contingency operations-ADOS, active duty operational support-RC, active guard reserve (AGR), or full-time National Guard duty for operational support. 5. Army Regulation 635-8, (Separation Processing and Documents) contains the instructions for completing the DD Form 214 as follows: "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation authority. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the record. The Board discussed his completion, as a Reserve Component Soldier, of IADT and awarding of an MOS prior to his release from active duty. His subsequent orders reflect his status as full time National Guard duty, but not for operational (active duty) support. The Board majority determined that a correction to his initial DD Form 214 was warranted. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 for the period of service ending 19 July 2008 to reflect an Honorable character of service. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to additional DD Forms 214. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCE: Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge it states a DD Form 214 will be prepared for Soldiers in the following categories: a. Reserve Component (RC) Soldiers completing 90 days or more days of continuous active duty. For example, such periods may consist of Active Duty Operational Support (ADOS), contingency operations-ADOS, ADOS-RC, Active Guard Reserve (AGR), or full-time National Guard duty for operational support. b. RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty. c. Army National Guard (ARNG) Soldiers and US Army Reserve (USAR) Soldiers mobilized under 10 USC 12301(a), 12302, or 12304 and ARNG Soldiers called into Federal service under 10 USC 15 or 10 USC 12406, regardless of length of mobilization, when transitioned from active duty. Soldiers who report to a mobilization station and are found unqualified for active duty within the first 30 days will be excluded from this provision. d. RC Soldiers completing active duty that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNG Alternate Training Program or USAR Split Training Program).