ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 December 2019 DOCKET NUMBER: AR20170005534 APPLICANT REQUESTS: correction of item 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct date. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 he was told his DD Form 214 would be corrected and he still has not received the correction (DD Form 215). He served two tours in Kuwait /Iraq and he feels this will hinder his eligibility for benefits. 3. A review of the applicant’s service record shows: a. The facts and circumstances surrounding the applicant’s DA Form 2-1, Personnel Qualification Record, are not available for the Board’s review. b. He enlisted in the United Stated Army Reserves on 10 August, 2000. c. He was called onto active duty in support of Operation Iraqi Freedom on 24 June 2005 to 25 January 2007. His DD Form 214 for the period ending 25 January 2007, shows the member completed the period of service for which he was ordered to active duty. The member has completed his first full term of service. d. DD Form 214 for the period ending on 6 July 2008 shows the applicant served in Iraq from 1 August 2007 to 29 April 2008. He was released from active duty on 6 July 2008. 4. Army Regulation 635-8 (Separation Processing Documents) in effect at that time, provides that the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty for a time period such as when enlisting, reenlisting, separating, and retiring. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the documentary evidence provided by the applicant and found within his military service record, the Board found that an administrative error occurred when entering the information in block 12c. As a result, the Board recommended changing the information to read, “0001 07 02.” 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing the information reflected on his DD Form 214, ending date of 25 January 2007, to read, “0001 07 02.” Additionally, this information should be reflected on the applicant’s DD Form 214, ending date 6 July 2008, in block 12d. 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. AR 135-180 paragraph 2-8 (Service Creditable as Qualifying Service) states that a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. Only Soldiers assigned to an active status in a Reserve Component or individual’s inactive federal service are authorized to earn retirement point credits. When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service. One point for each authorized participation in drills or periods of instruction which conform to the requirements prescribed by the Secretary of the Army. 3. Army Regulation 635-8 (Separation Processing Documents) provides that 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 retirement or discharge. The DD Form 214 will be prepared for Reserve component Soldiers to include Army National Guard Soldiers completing 90 days or more of continuous active duty or Reserve component Soldiers completing active duty that results in the award of a military occupational specialty, even when the active duty period was less than 90 days. As a reserve soldier the DD Form 214, dated 6 June 2011 was generated to reflect Active Duty for Operational Support service credit period. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170005534 3 1