ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 June 2019 DOCKET NUMBER: AR20170019722 APPLICANT REQUESTS: that the appropriate authority line from his orders be added in block 18 (Remarks) of his DD Form 214 (Certificate of Release of Discharge from Active Duty). The missing orders that fall under Title 10, U.S. Code (10 USC), section 12301(d) are: * A-04-609781 * A-03 -707937A01 * A-9-518874A01 * A-03 -707937A02 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD form 214 (Certificate of Release or Discharge from Active Duty) * Copy of orders A-04-609781, A-03-707937A01, A-9-518874A01, A-03 -707937A02 * Copy of chronological Statement of retirement points * Copy of Transition Service Worksheet 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 that he requests that the appropriate authority line from his orders be added in block 18 (Remarks) of his DD Form 214. The missing orders that fall under 10 USC 12301(d) are A-04-609781, A-03 -707937A01, A-9-518874A01, and A-03 -707937A02. The missing information is preventing him from getting the correct amount of credit time for serving on active duty toward his reduced age retirement request. He was informed of the error by the 99th Regional Support Command (RSC) Retirement Service Office when he requested calculation of his reduced age retirement payment date. He believes the official authorized to sign and approve his DD Form 214 made an error and did not include the appropriate authority line from his active duty orders A-04-609781, A-03 -707937A01, A-9-518874A01, and A-03-707937A02. 3. The applicant provides: * copies of active duty orders A-04-609781, A-03 -707937A01, A-9-518874A01, and A-03 -707937A02 * member copy of the DD Form 214 shows orders A-04-609781, A-03 -707937A01, A-9-518874A01, and A-03 -707937A02 are not annotated in block 8 (Remarks) of his DD Form 214 * copy of his chronological statement of retirement which shows service dates from 23 September 1985 to 12 January 2016; * his transition service worksheet shows his active duty service dates 4. A review of the applicant’s service record shows: a. He enlisted in the U. S. Army Reserve (USAR) on 12 January 1984. b. He enlisted in the Regular Army (RA) on 2 January 1985. c. He enlisted in the USAR on 15 December 1986 and reenlisted in the USAR on 4 February 1988. d. He entered active duty on 1 May 2006: (1) Orders A-04-609781, dated 24 April 2006, issued by the U.S. Army Human Resources Command (HRC) ordered him to active duty for a period of 1 year, by authority of Title 10, U.S. Code, section 12301(d), from 1 May 2006 to 30 April 2007, to fulfill active duty requirements under the Extended Active Duty (EAD) program working as recruiting and Retention Officer. (2) Amended Orders A-04-609781A01, dated 26 December 2006, issued by HRC, amended his active duty from 1 year ending on 30 April 2007 to 2 years and 1 day ending on 30 April 2008. (3) Orders A-03-707937, issued by HRC on 28 March 2007 are not available for review. These orders ordered him to active duty by authority if Title 10, U.S. Code, section 12301(d) for operational support (ADOS) working as Recruiting and Retention for 1 month and 4 days ending on 30 April 2007. (4) Amended Orders A-03-707937A01, dated 25 April 2007, amended Orders A-03-707937 to show the period of active duty as 1 year, 1 month, and 4 days ending on 30 April 2008. (5) Orders A-09-518874, issued by HRC on 8 September 2005, are not available for review. These orders ordered him to active duty by authority if Title 10, U.S. Code, section 12301(d) for 270 days including leave beginning on 7 June 2006. (6) Amended Orders A-09-518874A01, dated 29 February 2008, amended Orders A-09-518874, to show his active duty for a period of 232 days from 8 September 2005 to 30 April 2006. (7) Orders A-03-707937A02, dated 10 March 2008, brought him on active duty for a period of 1 year, 1 month, and 6 days from 28 March 2007 to 30 April 2009. e. He was honorably released from active duty on 30 April 2009. He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that captured his 3 years of active service during this period. Block 18 (Remarks) does not include a statement regarding any deployments f. He entered active duty on 6 January 2017. He served in Qatar and Afghanistan. He was honorably release from active duty on 25 November 2017. His DD Form 214 contains three statements in the Remarks Block": * Service in Qatar/Afghanistan and the dates of service * Ordered to active duty in support of Operation Freedom Sentinel in accordance with Tittle 10, U.S. Code, section 12301(D) * Member has completed first full term of service 5. By regulation, 10 USC 12301(d) (Reserve Components) states that at any time, an authority designated by the secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member. However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor or other appropriate authority of the state concerned. 6. Army Regulation (AR) 635-5 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information. Block 18 (Remarks) will be utilized to address incomplete item and state “DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be issued to provide missing information.” Use this block for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14. DD Form 215 will be issued when the missing information becomes available. 7. Army Regulation 635-8 (Separation Processing and Documents) states that for RC Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country, enter the following three statements in 1, 2, and 3, below in succession. For RC Soldiers ordered to active duty, participating in or supporting a contingency operation, and stationed in CONUS enter statements in 1 and 3, below. For active duty Soldiers deployed with their unit during their continuous period of active service, enter only the statement in 2, below. * Ordered to active duty in support of (operation name) per 10 USC (applicable section) * Service in (name of country deployed) from (inclusive dates) * Soldier has/has not completed period for which ordered to active duty for purpose of post service benefits and entitlements 8. DODI (Department of Defense Instruction) 1336.01, paragraph 3-k states service members retiring from or separating from active duty, participation in contingency operations will be documented in Block 18 of the DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The DD Form 214 for the period ending 25 November 2017 shows the information for when he was called to AD for contingency operations. The contested DD Form 214 does not show orders information because they were not for contingency operations. The Board agreed 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 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. 10 USC 12301 (d) (Reserve Components) states that at any time, an authority designated by the secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member. However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor or other appropriate authority of the stat e concerned. 3. Army Regulation (AR) 635-5 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information. Block 18 (Remarks) will be utilized to address incomplete item and state “DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be issued to provide missing information.” Use this block for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14. DD Form 215 will be issued when the missing information becomes available. 4. DODI (Department of Defense Instruction) 1336.01, paragraph 3-k states service members retiring from or separating from active duty, participation in contingency operations will be documented in Block 18 of the DD Form 214. 5. Army Regulation 635-8 (Separation Processing and Documents) states that for RC Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country, enter the following three statements in 1, 2, and 3, below in succession. For RC Soldiers ordered to active duty, participating in or supporting a contingency operation, and stationed in CONUS enter statements in 1 and 3, below. For active duty Soldiers deployed with their unit during their continuous period of active service, enter only the statement in 2, below. * Ordered to active duty in support of (operation name) per 10 USC (applicable section) * Service in (name of country deployed) from (inclusive dates) * Soldier has/has not completed period for which ordered to active duty for purpose of post service benefits and entitlements ABCMR Record of Proceedings (cont) AR20170019722 0 5 1