ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20170015722 APPLICANT REQUESTS: his active duty time from 30 September 1989 to 24 September 1993 be properly captured on his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Officer Record Brief * Orders 169-5-A-455 dated 29 August 1989 * Orders 046-601 dated 15 February 1990 * Two DA Form 67-8 (U.S. Army Officer Evaluation Report) * Operation Desert Storm Certificate * Permanent Order 83-117 dated 2 May 1991 * Memorandum list officers deployed to Southwest Asia dated 20 Jun 1991 * Orders 58-2 dated 25 March 1992 * Letter reference Persian Gulf physicals dated 1 November 1995 * Diagnosis Form * Privacy Act Notice * NGB Form 22 (Report of Separation and Record of Service) * DD Form 214 FACTS: 1. The applicant states he is requesting his DD Form 214 be corrected to reflect his honorable service on active duty from 30 September 1989 to 24 September 1993. He entered active duty on 30 September 1989 and remained on active duty through 30 January 2016. He did accumulate 4 years of non-duty status that were not considered good time for retirement purposes from 15 March 2011 to 15 July 2015. His total years of service for pay purposes was corrected, but he believes the time was deleted from his DD Form 214. He served honorably in Operation Desert Shield and Desert Storm earning a Bronze Star Medal for his service in a combat theater of operations and he is a Gulf War Veteran. He respectfully requests the time be corrected to reflect his time spent as an active duty commissioned officer in numerous positions. 2. The applicant provides: a. His Officer Record Brief which reflects his time spent as a Platoon Leader in Southwest Asia from 30 September 1990 through 18 March 1991. b. Orders 169-5-A-455, dated 29 August 1989, which stated upon acceptance of his appointment in the United States Army Reserve, he was ordered to active duty to attend the Field Artillery Officer Basic Course. c. Orders 046-601, dated 15 February 1990, indicated he was to proceed on a permanent change of station (PCS) to Fort Bliss, Texas with a 16 April 1990 report date. d. Two DA Form 67-8 (U.S. Army Officer Evaluation Report): * From 17 March 1990 through 10 August 1990 – his OER noted he always exceeded requirements for performance and he was recommended for promotion ahead of contemporaries * From 11 August 1990 through 3 June 1991 - his OER noted he always exceeded requirements for performance and he was recommended for promotion ahead of contemporaries with a note from the rater to promote immediately e. Operation Desert Storm Certificate, for his service from 30 September 1990 through 18 March 1991, which state he served with distinction to achieve freedom from tyranny in support of Operation Desert Storm. f. Permanent Order 83-117, dated 2 May 1991, awarded the applicant the Bronze Star Medal for his service from 24 February 1991 to 2 March 1991, for meritorious achievement. g. A memorandum reference officers deployed to Southwest Asia, dated 20 Jun 1991, for the Commander, 517th Personnel Service Center listed the applicant as an officer assigned to C Troop, 1st Squadron, 3d Armed Cavalry Regiment, deployed in support of Operation Desert Shield/Storm. h. Orders 58-2, dated 25 March 1992, noted the applicant was to PCS to Fort Sill, Oklahoma with a 23 July 1992 report date. i. A letter to the applicant, dated 1 November 1995, reference participation in the Persian Gulf Related Illness-Comprehensive Clinical Evaluation Program (PGI-CCEP). j. A diagnosis form that detailed a primary diagnosis of functional bowel syndrome and a secondary diagnosis of post traumatic arthralgia (left ankle) with mechanical lower back pain. k. A Privacy Act Notice for participation in the Department of Defense Persian Gulf Medical Registry Hotline. l. NGB Form 22 for his service with the New Mexico Army National Guard for the period of 17 December 1987 through 29 September 1989. 3. A review of the applicant’s service record shows: a. Having had prior enlisted service, he was appointed as a Reserve commissioned officer of the Army on 9 May 1987. He executed his oath of office (DA Form 71) on the same day of his appointment. b. On 29 August 1989, he was ordered to active duty to complete the Field Artillery Officer Basic Course, followed by the Field Artillery Cannon Battery Officer Course, and then to proceed to his assigned duty station with an active duty commitment of four years. c. He served in Saudi Arabia from 30 September 1990 through 18 March 1991. d. He received a Relief for Cause OER, for the period of 26 April 2010 through 15 March 2011, and the OER noted the applicant was removed from executing and performing work in his military specialty because the applicant was found guilty, convicted, and sentenced for the criminal offense of bribery of a public official. On 15 March 2011, the applicant self-reported to prison. e. Two DA Form 4187 show the applicant’s status changed to confinement on 15 March 2011 and he returned to duty on 23 July 2015. f. Orders 294-0030, dated 21 October 2015, notified the applicant of his effective date of retirement, 31 January 2016. g. Orders 338-0012, dated 4 December 2015, amended the applicant’s retirement orders to correct his basic pay by reducing his years of service in basic pay, mandatory retirement, and Section 1405. e. He was honorably retired from active duty on 31 January 2016. His DD Form 214 shows he completed 22 years and 29 days of total active service, with 1 month of prior active service, and 1 year, 8 months, and 7 days of prior inactive service. It also shows he had 4 years, 3 months, and 7 days of lost time. The following dates are annotated: * Block 12a (Date Entered AD This Period) – 24 September 1993 * Block 18 (Remarks) – Does not include his participation in Operation Desert Storm/Shield * Block 29 (Dates of Time Lost During This Period) – Under 10 U.S. Code, section 972: 15 March 2011 to 22 June 2015 f. There is no indication that he made up the lost time. 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. a. Block 12a (Date Entered Active Duty This Period)– Data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Form 214, DA form 1506, and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. b. Block 12c (Net Active Service This Period) – Amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted. Lost time will be listed in Block 29; other noncreditable time will be identified in block 18. c. Block 12d (Total Prior Active Service) – From previously issued DD Form 214, DD Form 220, DA Form 1506, or Retirement Point Annual Statement, enter total amount of prior active military service less lost time, if any. d. Block 29 (Dates of Time Lost During This Period) - Verify that time lost as indicated by the Defense Finance and Accounting Service has been subtracted from “Net Active Service This Period” (block 12c) if lost time was not “made good.” If the ETS was adjusted as a result of lost time the Soldier served until ETS, the lost time was “made good.” Lost time under 10 USC 972 is not creditable service for pay, retirement, or veteran’s benefits. However, the Army preserves a record (even after time is made up) to explain which service between “Date Entered Active Duty This Period” (block 12a) and ”Separation Date This Period” (block 12b) is creditable service. Time lost after ETS is nonchargeable time under 10 USC 972, but it must also be reported to ensure it is not counted in computation of total creditable service for benefits. For officers, show inclusive dates absent without leave (Uniform Code of Military Justice, Article 86). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon the documentary evidence provided by the applicant and found within his military service record, the Board noted that he has 4 years, 3 months, and 7 days of lost time, from 15 March 2011 to 22 June 2015. He entered active duty in 1989. His DD Form 214 shows entry date is 1993. The difference in entry date is an adjustment to his entry date based upon the applicant’s amount of lost time in his 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: Army Regulation 635-8 (Separation Processing and 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. a. Block 12a (Date Entered Active Duty This Period)– Data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Form 214, DA form 1506, and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. b. Block 12c (Net Active Service This Period) – Amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted. Lost time will be listed in Block 29; other noncreditable time will be identified in block 18. c. Block 12d (Total Prior Active Service) – From previously issued DD Form 214, DD Form 220, DA Form 1506, or Retirement Point Annual Statement, enter total amount of prior active military service less lost time, if any. d. Block 29 (Dates of Time Lost During This Period) - Verify that time lost as indicated by the Defense Finance and Accounting Service has been subtracted from “Net Active Service This Period” (block 12c) if lost time was not “made good.” If the ETS was adjusted as a result of lost time the Soldier served until ETS, the lost time was “made good.” Lost time under 10 USC 972 is not creditable service for pay, retirement, or veteran’s benefits. However, the Army preserves a record (even after time is made up) to explain which service between “Date Entered Active Duty This Period” (block 12a) and ”Separation Date This Period” (block 12b) is creditable service. Time lost after ETS is nonchargeable time under 10 USC 972, but it must also be reported to ensure it is not counted in computation of total creditable service for benefits. For officers, show inclusive dates absent without leave (Uniform Code of Military Justice, Article 86). NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170015722 5 1