ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 December 2019 DOCKET NUMBER: AR20170003231 APPLICANT REQUESTS: active duty service credit beginning on 11 September 2001 reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Orders of Attendance Memorandum dated 10 September 2001 * Orders D-02-604999 dated 28 February 2006 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 (ABCMR) 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 she would like her DD Form 214 corrected because it does not represent her period of mandatory active duty starting 11 September 2001 for a period of greater than 90 days. She has provided the only copy of her attendance orders and requested copies of her military records; however, nothing further was included. She was approved for her Veterans Affairs (VA) medical benefits based on the information provided, but needs her records updated for her education benefits 3. The applicant provides: a. Orders of Attendance memorandum, dated 10 September 2001, which states the applicant was attending a military alert operations training directive due to terrorist activities which began on 11 September 2001 with a through date to be determined. b. Orders D-02-604999, dated 28 February 2006, honorably discharged the applicant from the U.S. Army Reserve with an effective date of 28 February 2006. 4. A review of the applicant’s service record shows: a. She enlisted in the U.S. Army Reserve (USAR) on 23 February 1998. b. She entered active duty on 16 June 1998. She was released from active duty training on 8 October 1998. Her DD Form 214 shows she completed 3 months and 23 days of active service. c. Orders 01-143-009, dated 23 May 2001, released the applicant from her assignment with her unit and assigned her to the USAR Control Group (Annual Training) for unsatisfactory participation with an effective date of 23 May 2001. d. Orders C-07-120386, dated 24 July 2001, reassigned her from the USAR Control Group (AT) to the 306th Military Police Battalion with an effective date of 23 July 2001. e. Orders 02-263-0004, dated 20 September 2002, released the applicant from her assignment with the 306th Military Police Battalion and assigned her to the USAR Control Group (AT) for unsatisfactory participation with an effective date of 20 September 2002 f. Orders D-02-604999, dated 28 February 2006, honorably discharged the applicant from the U.S. Army Reserve with an effective date of 28 February 2006. 5. On 2 December 2019, a member of the DFAS office provided email verification for active service and confirmed that the applicant served on active duty from 12 September 2001 to 30 September 2001 (19 days). 6. By regulation (AR 635-5), applicable to U.S. Army Reserve Soldiers on active duty for 90 or more continuous days, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Board members noted that she served on active duty less than 180 days meaning she was still in initial entry training, and regardless of the reason for separation, her service would be characterized as uncharacterized. The DFAS statement shows she served from 9 December 2001. Whatever service she did in 2001, had no relationship on her previously issued DD Form 214 in 1998. Insufficient evidence provided to show she served another period of active duty of at least 90 days or more and without evidence, the Board concluded there was insufficient evidence to show that the applicant should have another DD Form 214 reflecting that service. 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. 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 635-5 (Separation Documents), in effect at the time, applicable to U.S. Army Reserve Soldiers on active duty for 90 or more continuous days, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170003231 4 1