ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 August 2019 DOCKET NUMBER: AR20170002078 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect: * his active duty time, not just the training periods * his Joint Service Achievement Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored Letter * Order# 099-1 (Joint Service Achievement Medal) * Joint Service Achievement Medal Citation and Certificate * Letter of Appreciation * Certificate of Appreciation * Involuntary Reassignment Action and Mobilization Memorandum 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 active duty time should be reflected correctly, not as training periods. * the time that he spent on active duty is not reflected properly on his DD Form 214 * while serving on active duty, he received the Joint Service Achievement Medal and a letter stating that the duty that he performed was in direct support of Operation Noble Eagle and Enduring Freedom * he should be able to qualify for the Post 9/11 GI Bill, but orders that read "training" does not qualify him * he also wants to join the Army again and he would like his record to be corrected 3. The applicant provides: * Order# 099-1 (dated 8 April 2004) – awarding him the Joint Services Achievement Medal for service between October 2002 to January 2004 * Joint Service Achievement Medal Citation and Certificate – recognizing him for his contributions as an Arabic translator for the Defense Intelligence Agency (DIA) during the previously mentioned periods * Letter of Appreciation (dated 20 November 2002) - recognizing him for his contributions to the intelligence community and further establishing additional duty requirements to assist with recruiting efforts of linguist * Certificate of Appreciation (dated 21 February 2003) recognizing him for his faithful service to the Document Exploitation Division in support of Operation Enduring Freedom * Involuntary Reassignment Action and Mobilization Memorandum (dated 24 December 2003) – reassigning him to Special USARC Tasker 97B/97E Training and Development requirement 4. A review of the applicant’s service records reflects the following: * 1 May 2002 – he enlisted in the Army Reserve as an Interrogator/Linguist * 1 August 2002 (Order T-08-211615) – he was ordered to Active Duty for Training (ADT) effective 12 August 2002 (50 day order duration), assigned to the Defense Intelligence Agency as a 71L linguist * 20 September 2002 (Order# T-09-213393) - he was ordered to ADT effective 1 October 2002 (90 day order duration) assigned to the DIA as a 71L linguist in support of Operation Noble Eagle/Operation Enduring Freedom * 27 December 2002 (Order# T-12-2168696) - he was ordered to ADT effective 30 December 2002 (275 days) assigned to the DIA as a 71L linguist in support of Operation Noble Eagle/Operation Enduring Freedom * 14 July 2003 (Order# T-12-216896A01) – amended Order# T-12-2168696 terminating Foreign Language Proficiency pay on 4 May 2003 * 2 October 2003 (Order# T-10-312976) – he was ordered to ADT effective 2 October 2003 (140 day order duration) assigned to the DIA as a 71L linguist in support of Operation Noble Eagle/Operation Enduring Freedom * 5 January 2004 (Order# 04-005-00033) – he was involuntarily reassigned to the Mobilization Support Detachment - SRIP remains in effect * 8 January 2004 (Order# 04-008-00032) – he was ordered to active duty (mobilized) effective 13 January 2004 (545 day order duration) for deployment to Iraq * 29 January 2004 (Order# 029-0044) – reassigned to the transition point to be discharged from the US Army Reserve effective 30 January 2004 5. Available DD Form 214’s reflect the following periods of active duty: * 19 October 1998 through 31 May 2001 – credited with 2 years 7 months and 12 days of active service in the US Marine Corps; honorably released from active duty (hardship) * 12 August 2002 through 30 September 2003 – credited with 1 year, 1 month and 19 days of active service in the US Army Reserve; honorably released from active duty (completion of ADT) * 13 January 2004 through 30 January 2004 – credited with 18 days of active duty; honorably released from active duty (hardship) 6. The applicant’s Joint Service Achievement Medal was awarded on 26 March 2004. His last period of active duty, covered by a DD Form 214, ended on 30 January 2004 so does not reflect his Joint Service Achievement Medal. A review of his electronic records indicates that this award has been added to his official military records. 7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states that only the honorable characterization may be awarded a soldier upon completion of his/her period of enlistment or period for which called or ordered to AD or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. Soldiers of the Army Reserve ordered to active duty (AD) for a period in excess of 90 days will, upon release from AD, revert to control of the appropriate Reserve Component. Discharge certificates are furnished soldiers when they are honorably discharged. Soldiers released from AD and transferred to Reserve Components are issued DD Form 214.8. AR 635-5 (Personnel Separations (Separation Documents) states that Reserve Component Soldiers completing 90 or more days of continuous active duty for training (ADT) will receive a DD form 214. USAR Soldiers mobilized under sections 12301(a), 12302, or 12304, title 10, U.S. Code, regardless of length of mobilization, when transitioned from active duty will receive a DD Form 214. a. For type of separation (item 23) of the DD Form 214, enter the appropriate term from the list below: * Release from active duty * Discharge * Retirement * Release from active duty and order to active duty in another status * Release from ADT b.. Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized states that awards and decorations for all periods of service in the priority sequence will be listed on the DD Form 214. BOARD DISCUSSION: The Board carefully considered the applicant’s statement and supporting documents, notably his record of service, the orders for active duty, the DD Forms 214 in his record and the awards he provided as well as those listed on the DD Forms 214 and found sufficient evidence to grant relief. 1. Regarding the applicant’s request to correct the narrative reason on the DD Form 214 dated 30 September 2003, the Board found sufficient evidence to grant relief and amend the narrative reason to Completion of Active Duty Service. The Board found that the orders bringing the applicant on active duty effective 1 August 2002 to 2 October 2003 reflected an incorrect reason; instead of active duty for training (ADT), the reason should have been active duty, as the applicant was performing linguist duties while attached to the DIA in support of Operation Noble Eagle/Operation Enduring Freedom. The Board also found that the period of service is incorrect on the applicant’s DD Form 214, dated 30 September 2003, as it does not capture all of the active duty time authorized and served IAW all of his orders. The total number of active duty days listed on his orders computes to 511 days. The total number of active duty days from 12 August 2002 to 4 January 2004 computes to 511 days, or 1 year, 4 months and 24 days. In support of this, the Board also found that the period of service stated on the JSAM issued by the DIA covered the same period of August 2002 to January 2004. 2. Regarding the applicant’s request that all awards be listed on his DD Form 214, a. the Board discussed that it seems an injustice that the JSAM was not included on the applicant’s DD Form 214 dated 30 September 2003, but that once that DD Form 214 is corrected to reflect the correct Separation Date This Period of 4 January 2004, the JSAM should be added to that and any subsequent DD Form 214. occurred prior to his release from active duty and was not reflected on the applicant’s DD Form 214. b. the Board also found that the applicant was entitled to award of the GWOTS Medal and that should also be reflected on his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army Reserve Personnel Command Orders effective 1 August 2002, 20 September 2002, 27 December 2002, and 2 October 2003 to reflect “Ordered to Active Duty” vice “Ordered to Active Duty for Training (ADT)”; - - Amending the applicant’s DD Form 214 for the period of service ending 30 September 2003 as follows: o Item 12b (Separation Date This Period) “2004-01-04” vice “2003-09- 30”, o Item 12c (Net Active Service This Period) “0001-04-24” vice “0001-01- 19”, o Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authoized) add “Joint Service Achievement Medal” (JSAM), o Item 18 (Remarks) amend orders date “20020902” to “20020920” and add “Order Number T-10-312976 DATED 20031002”, o Item 28 (Narrative Reason For Separation) “Release from Active Duty” vice “Completion of ADT”. - - Amending the applicant’s DD Form 214 for the period of service ending 30 January 2004 as follows: o Item 12d (Record of Service, Total Prior Active Service) – “0004-00-06” vice ‘0003-08-01” and; o Add in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – “JSAM.” 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): N/A 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 Army Board for Correction of Military Records (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 635-200 (Active Duty Enlisted Administrative Separations) states that only the honorable characterization may be awarded a soldier upon completion of his/her period of enlistment or period for which called or ordered to AD or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. Soldiers of the Army Reserve ordered to active duty (AD) for a period in excess of 90 days will, upon release from AD, revert to control of the appropriate Reserve Component. Discharge certificates are furnished soldiers when they are honorably discharged. Soldiers released from AD and transferred to Reserve Components are issued DD Form 214. 3. AR 635-5 (Personnel Separations (Separation Documents) states that Reserve Component Soldiers completing 90 or more days of continuous active duty for training (ADT) will receive a DD form 214. USAR Soldiers mobilized under sections 12301(a), 12302, or 12304, title 10, U.S. Code, regardless of length of mobilization, when transitioned from active duty will receive a DD Form 214. a. For type of separation (item 23) of the DD Form 214, enter the appropriate term from the list below: * Release from active duty * Discharge * Retirement * Release from active duty and order to active duty in another status * Release from ADT b. Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized states that awards and decorations for all periods of service in the priority sequence will be listed on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170002078 6 1