ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 22 August 2019 DOCKET NUMBER: AR20170018088 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his discharge date and training. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 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 DD Form 214 does not show his discharge date or any other training he completed. He cannot return to service if he wanted to. 3. Review of the applicant’s service records shows: a. He enlisted in the U.S. Army Reserve (USAR) for 8 years on 9 April 1998. b. He entered active duty for training on 11 May 1998. He completed 9 weeks of training and he was awarded military occupational specialty 77F (Petroleum Supply Specialist). c. His record does not show and he does not provide evidence of completion of any other training while on active duty. d. He was released from active duty on 11 September 1998 and transferred back to the USAR. His DD Form 214 shows he completed 4 months and 1 day of active service. It also shows in: * Block 12b (Separation Date This Period) – 1998-09-11 * Block 14 (Military Education) – Petroleum Supply Specialist, 9 weeks, 1998 e. He continued to drill with his USAR unit and he was ultimately honorably discharged from the USAR on 27 April 2006. 4. By regulation (AR 635-5), the purpose of the DD Form 214 is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. Chapter 2 states: * Block 12b shows the date of separation from active duty * Block 14, shows formal courses completed during the period covered by the DD Form 214 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the applicant being a USAR Soldier and the DD Form 214 only used to capture active duty service, the Board concluded that all information currently reflected is complete and accurate. In this case, the applicant’s DD Form 214 only captures his service for Basic Training and Advanced Individual Training; all of which is captured accurately. However, Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority. Based upon regulatory guidance, the Board agreed the DD Form 214 should show his character of service as Honorable. 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: 1. 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. 2. However, prior to closing the case, the Board did note that the applicant was a USAR Soldier who completed his IET successfully. Based upon regulatory guidance, the Board agreed the DD Form 214 should show his character of service as Honorable. 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 Army Board for Correction of Military Records (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) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the DD Form 214 is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. Chapter 2 states: * Block 12b shows the date of separation from active duty * Block 14, shows formal courses completed during the period covered by the DD Form 214 3. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, 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); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program. ABCMR Record of Proceedings (cont) AR20170018088 2 1