ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  7 November 2019

	DOCKET NUMBER:  AR20170010541


APPLICANT REQUESTS:  in effect, issue of his DD Form 215 (Correction to DD 
Form 214) as stated on his DD Form 214 (Certificate of Release or Discharge from 
Active Duty) for the period ending 13 August 2004 to show correction in blocks 12d 
(Total Prior Active Service) and  (Total Prior Inactive Service) as stated in block 18.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 4187 (Personnel Action) for 15 May 2001 and 23 September 2003
*	DA Forms 214, for the period ending 31 January 2001 and 13 August 2004

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 the Army should have done their job correctly at the time of 
his discharge, because an error occurred. 

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the Army National Guard on 17 July 2001 and was ordered to 
active duty for training.

	b.  He was mobilized and ordered to active duty on 22 June 2004.

	c.  He was honorably released from active duty for completion of required active 
service on 13 August 2004.  His DD Form 214 shows in:

*	12d –(Total Prior Active Service) – “SEE BLOCK 18”
*	12e – (Total Prior Inactive Service) – “SEE Block 18”
*	18 (Remarks) – DD Form 215 will be issued to provide missing 
information//Item 12D – Above does not account for annual and/or 
weekend training for this Soldier may have accomplished prior to date 
entered in item 12a//Individual completed period for which ordered to 
active duty for purpose of post service benefits and entitlements

	d.  National Guard Bureau (NGB) Form 22 (NG Report of Separation and Record 
of Service), shows he was honorably separated from active duty on 4 February 
2005, under the provisions of NG Regulation 600-200 (Enlisted Personnel 
Management), paragraph 1-26s.  He completed 3 years, 6 months and 18 days of 
net service this period.  His NGB Form 22 shows in:

*	block 4 - (Date Of Enlistment) - 20010117
*	block 18 -  (Remarks) – Period of active service (IADT) covered by this 
NGB 22 010807 thru 020131 and ADT 040813 inclusive

4.  Army Regulation 635-8 (Separation Processing and Documents), in effect at the 
time, prescribed the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.  It states the 
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active 
duty.  There are no provisions allowing for the addition to the DD Form 214 of 
achievements or transactions accomplished subsequent to the period covered by 
the DD Form 214.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted.  Based upon the documentary evidence provided, specifically 
the applicant’s DA Form 2-1 from his military service record, the Board determined 
the applicant’s DA Form 214, dated 13 August 2004, did not capture his prior 
service.  As a result, the Board recommended granting the request.

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, dated 13 August 2004, by:

*	changing Item 12d to read “0000 05 27”
*	changing Item 12e to read “0000 00 00”
	 
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 635-8 (Separation Processing and Documents), in effect at the 
time, prescribed the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.  It states the 
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active 
duty.  There are no provisions allowing for the addition to the DD Form 214 of 
achievements or transactions accomplished subsequent to the period covered by 
the DD Form 214.  Soldiers who are also leaving Army National Guard (ARNG) 
Service will be issued separation orders and a NG Bureau (NBG) Form 22 (National 
Guard Report of Separation and Record of Service) by the Soldier’s State Joint 
Forces Headquarters.

2.  NGB 600-200 (Enlisted Personnel Management), in effect at the time, establishes 
standards, policies, and procedures for the management of the ARNG and the 
ARNG Guard of the United States enlisted Soldiers for classification and 
reclassification, personnel management, assignment and transfer, including 
interstate transfer, special duty assignment pay, enlisted separations, and the 
command sergeant major program.
Table F-1 (Procedures for issuing NGB Form 22, Report of Separation and Record 
of Service), states for:

*	block 4 (Date of Enlistment), self-explanatory - from latest DD Form 4
*	block 18b (Effective Date), expired term of service or effective date of 
discharge order

ABCMR Record of Proceedings (cont)	 AR20170010541

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