IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001117 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 IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001117 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 2 October 2013, to show he completed 7 years and 9 months of active duty service. 2. The applicant states he served on active duty on Title 10 orders from 2006 to 2014. In effect, he believes he served on active duty for at least 7 years on orders from the Army National Guard (ARNG). THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * three DD Forms 214 for the periods ending on 13 April 2007, 26 December 2010, and 2 October 2013 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DA Form 2-1 (Personnel Qualification Record – Part II) * DD Forms 214 for periods ending in 2007, 2010, and 2013 * ARNG Current Annual Statement * Order 201-1104 REFERENCES: 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214 and provided specific guidance on the entries for each block of the DD Form 214. The regulation stated: * Item 12a (Date Entered AD This Period) would list the beginning date of the continuous period of active duty (AD) for which the DD Form 214 was being issued * Item 12b (Separation Date This Period) would list the date of separation from active duty * Item 12c (Net Active Service This Period) would list the net service for the period shown computed by subtracting items 12a from 12b, less any time lost, if any * Item 12d (Total Prior Active Service), from previously issued DD Forms 214, would list the total amount of prior active military service less lost time, if any DISCUSSION: 1. While 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 California ARNG (CAARNG) on 23 May 2006. He entered on active duty training on 22 June 2006. He competed training and was awarded military occupational specialty 68W (Health Care Specialist). He was honorably released from active duty on 13 April 2007 and was transferred to a CAARNG unit. His DD Form 214 shows in: * Item 12c – 9 months and 22 days * Item 12d – zero credit 3. He entered active duty on 3 January 2010 in support of Operation Enduring Freedom. He served in Afghanistan from 20 February to 17 November 2010. He was honorably released from active duty on 26 December 2010 and was transferred to the Pennsylvania ARNG (PAARNG). His DD Form 214 shows in: * Item 12c – 11 months and 24 days * Item 12d – 9 months and 22 days 4. He entered active duty on 9 October 2012 in support of Operation Enduring Freedom. He served in Kuwait from 1 December 2012 to 16 August 2013. He was honorably released from active duty on 2 October 2013 and was transferred to a PAARNG unit. His DD Form 214 shows in: * Item 12c – 11 months and 24 days * Item 12d – 1 year, 9 months, and 16 days 5. An ARNG Current Annual Statement, dated 2 September 2014, shows he served on active duty from: * 22 June 2006 to 12 April 2007 (initial entry training) * 3 January to 26 December 2007 (ARNG mobilized service) * 9 October 2012 to 2 October 2013 (ARNG mobilized service) 6. Orders 201-1104, show he was honorably discharged from the CAARNG on 19 July 2016. 7. Computation of his total prior active service, computed from his previously issued 2007 and 2010 DD Forms 214, shows he served 1 year, 9 months, and 16 days of active duty service prior to 9 October 2012. The currently entry in item 12d of his 2013 DD Form 214 correctly shows he completed 1 year, 9 months, and 16 days of prior active duty service. 8. Computation of his total active service from 9 October 2012 to 2 October 2013 shows he served 11 months and 24 days. Therefore, the entry in item 12c of his 2013 DD Form 214 is correct. 9. The available evidence shows he completed a total 2 years, 9 months, and 22 days of total active duty service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001117 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2