ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 October 2019

	DOCKET NUMBER:  AR20170009456


APPLICANT REQUESTS:  in effect, his record of service be corrected on his DD 
Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge from the Armed 
Forces of the United States)
*	Orders (x10) for Active Duty 
*	DD Form 214 electronically signed on 10 August 2015

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 Block 12c (Net Active Service This Period), Block 12d (Total 
Prior Active Service), and Block 12d (total Prior Inactive Service) are were not 
completed on his DD Form 214.  

3.  The applicant provides ten sets of orders which detailed, by order number, his 
periods of active service:

*	Orders 121-047 from 13 August 2006 to 30 September 2006
*	Orders 181-045 from 1 October 2006 to 31 December 2006
*	Orders 001-028 from 1 January 2007 to 2 January 2007
*	Orders 001-041 from 3 January 2007 to 31 March 2007
*	Orders 007-067 amend end date on Order 001-041 to 28 June 2007
*	Orders 096-012 from 29 June 2007 to 30 September 2007
*	Orders 172-028 from 1 October 2007 to 31 March 2008
*	Orders 050-074 amend end date on Order 172-028 to 31 July 2008
*	Orders 098-111 amend end date on Order 172-028 to 31 March 2008
*	Orders 101-040 amend end date on Order 172-028 to 31 May 2008
4.  A review of the applicant’s service record shows:

	a.  Having had 3 years of prior enlisted service in the Regular Army, he enlisted 
in the Florida Army National Guard (FLARNG) on 24 September 1987.

	b.  The orders submitted by the applicant indicate he remained on active duty 
from 13 August 2006 to 31 May 2008.

	c.  On 31 May 2008, he was honorably released from active duty.  His DD Form 
214 shows he completed 0 years, 0 months, and 0 days of active service.  It also 
shows:

*	Block 12c – 0 years, 0 months, and 0 days
*	Block 12d – 0 years, 0 months, and 0 days
*	Block 11 (Primary Specialty) – 42R10 Army Bandsperson – 1 year, 10 
months

4.  By regulation, 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, all supporting documents, and the evidence found 
within the military record, the Board found that relief was warranted.  The applicant’s 
record shows he served periods of active duty service and inactive service that is not 
reflected on his DD Form 214 for the period ending 31 May 2008.  The form shows it 
was completed when he was not available to authenticate the information with his 
signature.  Based upon a preponderance of the evidence, the Board agreed there is 
sufficient evidence to grant relief.

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 his DD 
Form 214 for the period ending 31 May 2008 by:

     a.  block 12c – adding the entry “01 09 19”

     b.  block 2d – adding the entry “03 00 00”; and

     c.  block 12e – adding the entry “19 00 25”


	  
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) states 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)	 AR20170009456

3

1