IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160019149 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160019149 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. __________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. IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160019149 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, in effect, correction of item 12d (Total Prior Active Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 August 2013 to add her active duty time served in the U.S. Army Reserve from 22 November 2010 to 31 March 2011, a period of 4 months and 10 days. 2. The applicant states her evidence is a copy of orders from this period; however, she does not have a copy of the amendment order because she transferred to the U.S. Army National Guard (ARNG) on 1 April 2011. She claims this period of service was never recorded on a DD Form 214. 3. The applicant provides Order Number 011938. 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 ARNG on 21 March 2003. 3. Evidence shows she entered active duty training on 23 June 2004. She was released from active duty training on 20 August 2004. Item 12c (Net Active Service This Period) of her DD Form 214 shows she completed 1 month and 28 days net active service during this period. Item 12d shows she had 2 months and 7 days total prior active service. 4. Her ARPC Form 249-E (Chronological Statement of Retirement Points) shows she served on active duty from 22 November 2010 to 31 March 2011, a period of 4 months and 10 days. 5. The applicant enlisted in the ARNG on 1 April 2011. She entered active duty as a member of the ARNG on 15 February 2012. She was honorably released from active duty on 5 August 2013. The DD Form 214 she was issued shows she completed 1 year, 5 months and 11 days net active service during this period. Item 12d shows she had 8 months and 14 days total prior active service. 6. Her records contain a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which shows she enlisted in the ARNG on 1 April 2011 and she was discharged from the ARNG effective 10 January 2014. Item 10c (Prior Active Federal Service) shows she completed 8 months and 14 days of prior active Federal service. 7. The applicant provides Order Number 011938 issued by the 88th Regional Support Command on 19 November 2010, which shows she was ordered to active duty operational support as a member of the U.S. Army Reserve for 179 days beginning on 22 November 2010. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear- cut record of active duty service at the time of release from active duty, retirement, or discharge. 2. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. Item 12 shows the Record of Service. Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any. DISCUSSION: 1. The governing regulation contains guidance on the preparation of the DD Form 214. Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any. 2. The applicant's DD Form 214 for the period ending 20 August 2004 shows she had completed 2 months and 7 days of total prior active service. 3. The applicant's ARPC Form 249-E shows she served on active duty from 22 November 2010 to 31 March 2011, a period of 4 months and 10 days. 4. Her DD Form 214 for the period ending 5 August 2013 contains an entry in item 12d which shows she had completed 8 months and 14 days of total prior active service and the NGB Form 22 she was issued at the time of her separation from the ARNG on 10 January 2014, confirms she served 8 months and 14 days prior active service. 5. Based on the available evidence, the applicant DD Form 214 for the period ending on 5 August 2013, accounts for all her prior active duty service. There does not appear to be an error or injustice in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019149 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019149 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2