ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 September 2019 DOCKET NUMBER: AR20170003690 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 11 September 2008, to show he completed more than 2 years of active duty. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2004 and 2006 DD Forms 214 * two conditional release letters * Regular Army (RA) Applicant Data Report 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: a. His 2008 DD Form 214 displays incorrect time that he served in the military. He noticed this by working as a federal investigator for the U.S. Department of Labor. He was only credited with 2 years and several months of service towards retirement when he had served additional time in the service. His service time in the U.S. Army Reserve (USAR) is missing. With his reserve unit, he performed recruiting, monthly drills/training (4 weeks at National Training Center, Fort Irwin, CA), and Sapper Stakes Competition, etc. b. The error was unjust as he believes there was a mix-up in paperwork when he transitioned from the USAR to active duty. His 2008 DD Form 214 does not show he entered military service on 19 May 2004 and the last day of his basic and advanced individual training was 17 September 2004. From 18 September 2004 to 9 February 2006, he was in the USAR and attached to Company B, 854th Engineer Battalion, Orangeburg, NY. The commanding officer at the time was Captain X____. The Board should consider his applicant because he has substantial and hard evidence, military forms proving those dates. It would be unfair to only be credited half the time an individual service in the armed forces. 3. The applicant provides the following: * DD Form 214, for the period from May to September 2004 * undated letter wherein he requested a release from his assignment to the Company B, 854th Engineer Battalion, to enlisted in the Regular Army (RA) * Request for conditional release memorandum, dated 4 January 2006, wherein his company commander recommended the applicant’s conditional release due to financial and new family situation and his enlistment in the RA would greatly benefit his new family situation * RA Applicant Data Report, dated 20 January 2006, which shows he: * completed 3 months and 29 days in the Reserves * enlisted in RA on 7 February 2006 for MOS 21J (Construction Equipment Operator) 4. Review of the applicant’s service record shows: a. He enlisted in the USAR on 9 January 2004. He entered active duty for training (ADT) on 19 May 2004. He completed training and was awarded military occupational specialty (MOS) 21J. He was honorably released from ADT on 17 September 2004 and was transferred to a Reserve unit. His DD Form 214 shows he completed 3 months and 29 days of net active service. b. He enlisted in the RA on 9 February 2006. He served in Iraq from 27 December 2006 to 15 December 2007, a period of 11 months and 19 days, including the end date. c. He was honorably discharged on 11 September 2008, by reason of a condition, not a disability. His DD Form 214 shows in: * Item 11 (Primary Specialty) – 21J10 Construction Equipment Operator – 2 years, 6 months * Item 12a (Date Entered AD This Period) – 9 February 2004 * Item 12b (Separation Date This Period) – 11 September 2008 * Item 12c (Net Active Service This Period) – 2 years, 7 months, and 3 days * Item 12d (Total Prior Active Service) – 4 months * Item 12e (Total Prior Inactive Service) – 1 year, 9 months, and 1 day * Item 12 (Foreign Service) – 11 months and 19 days d. On 23 May 2013, the U.S. Army Human Resources Command, issued an Information Paper stating the applicant served on AD from 9 February 2006 to 11 September 2008. e. His Chronological Statement of Retirement Points, dated 21 August 2019, shows he served in the USAR from 9 January 2004 to 8 February 2006 and was credited with 2 years of qualifying retirement service. 5. By regulation AR 635-5 (Separation Documents), 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. * Item 11 – the MOS code, titles, years, and months served in * Item 12a – the date of the first day of the enlistment/reenlistment * Item 12b – the Soldier’s transition date * Item 12c – the total time between dates entered in items 12a and b * Item 12d – the total prior active duty service * Item 12e – the total prior inactive (Reserve Component) service * Item 12f – the total amount of foreign service completed during the period covered by the DD Form 214 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The Board concluded that the applicant may have confused inactive and active service. The Board wished to inform the applicant that a DD Form 214 is only used to capture active duty service; no service in the RC will be captured on a DD Form 214 unless the applicant is called to active duty during that RC obligation time (such as when the applicant went to Basic Training and AIT). His second DD Form 214 reflects his previous active and inactive service. As a result, the Board found that the current annotated service reflected on the applicant’s DD Form was correct and that no error or injustice was present which would warrant making a change to the applicant’s record. 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 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions stated: a. A DD Form 214 would be issued to Reserve Component Soldiers completing initial active duty for training that resulted in the award of a military occupational specialty even when the active duty period was less than 90 days. b. It also stated the following items would list the: * Item 11 (Primary Specialty) – MOS code, titles, years, and months served in * Item 12a (Date Entered AD This Period) – date of the first day of the enlistment/reenlistment * Item 12b (Separation Date This Period) – Soldier’s transition date * Item 12c (Net Active Service This Period) – total time between dates entered in items 12a and b * Item 12d (Total Prior Active Service) – total prior active duty service * Item 12e (Total Prior Inactive Service) – total prior inactive (Reserve Component) service * Item 12f (Foreign Service) – total amount of foreign service completed during the period covered by the DD Form 214 ABCMR Record of Proceedings (cont) AR20170003690 4 1