ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 October 2019 DOCKET NUMBER: AR20170013014 APPLICANT REQUESTS: a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his active duty for special work (ADSW) 26 September 2005 to 29 October 2005 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Hurricane Katrina Relief Certificate 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 his is requesting a DD Form 214 for the active duty time service for the called to federal service with Company A, 1st Battalion 19th Special Forces Group for the Hurricane Katrina Relief from September to October of 2005. 3. The applicant provides a Hurricane Katrina Relief Certificate from his leadership thanking him for his participation efforts with Task Force Raven. 4. A review of the applicants’ service record shows: a. He enlisted into the Army National Guard of the United States (ARNG) on 29 December 2004. b. Orders 271-102, dated 28 September 2005 showed applicant served on ADSW temporary duty assignment from 26 September 2005 to 31 October 2005. c NGB Form 22 (Report of Separation and Record of Service) reflects that on 28 December 2005, he was honorably discharged from active duty. He completed 23 years, 5 months and 29 days of active service d. His discharge orders 008-032 showed he was honorably discharged from the ARNG on 28 December 2005. 5. 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. A DD Form 214 will be prepared for each soldier as indicated: a. Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service. b. ARNGUS and USAR soldiers mobilized under sections 12301(a), 12302, or 12304, title 10, U.S. Code and ARNG soldiers called into Federal service under chapter 15, or section 12406, title 10, U.S. Code, regardless of length of mobilization, when transitioned from active duty. A soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. The Board agreed the law as provided by Title 10 shows the applicant was not eligible to receive a DD Form 214; military service must last 90 continuous days in order to obtain a DD Form 214. The Board determined there was no error or injustice in this case. 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 635-8 (Separation Processing and Documents), in effect at the time, 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 REFRAD, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Except as provided in paragraph 5–2, a DD Form 214 will be prepared for Soldiers in the following categories: a. RA Soldiers on termination of active duty because of administrative separation (including separation because of retirement or ETS), physical disability separation, or punitive discharge resulting from a court-martial. b. RC Soldiers completing 90 days or more days of continuous active duty. For example, such periods may consist of ADOS, contingency operations-ADOS, active duty operational support-RC, AGR, or full-time National Guard duty for operational support. c. RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty. d. Recalled retirees on active duty reverting to retired status regardless of the period of active duty service. e. ARNGUS and USAR Soldiers mobilized under 10 USC 12301(a), 12302, or 12304 and ARNG Soldiers called into Federal service under 10 USC 15 or 10 USC 12406, regardless of length of mobilization, when transitioned from active duty. Soldiers who report to a mobilization station and are found unqualified for active duty within the first 30 days will be excluded from this provision. They will receive a DD Form 220 (Active Duty Report), as specified in paragraph 9–1. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170013014 4 1