ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 July 2019 DOCKET NUMBER: AR20180014178 APPLICANT REQUESTS: correction of the total years of service reflected 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) * Award Citation * DD Form 214 * NGB Form 23B (Army National Guard Retirement Points History Statement) 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 the DD Form 214 issued to him on 19 April 2009 is incorrect. Specifically, block 12c. (Net Active Service this Period) should reflect 2 years, 6 months and 19 days. He further acknowledges that the information reflected on lines 12a. and 12b. are correct. 3. The applicant provides: * an award citation (Joint Service Commendation Medal) – recognizing the applicant’s service during the period of 2 October 2006 through 17 April 2009 * DD Form 214 dated 19 April 2009 – reflects that the applicant entered active duty on 1 October 2006 and separated on 19 April 2009 * NGB Form 23B dated 5 November 2016 – reflects that the applicant was credited with serving 954 days between 1 October 2006 and 19 April 2009 4. A review of the applicant’s service records indicates the following on: * 29 August 2001 (Order) – he was appointed as a Second Lieutenant in the United States Army National Guard (USARNG) * 11 July 2003 – he entered on active duty * 30 April 2004 (Order#) – he departed active duty * 24 May 2004 – he entered on active duty * 4 May 2006 – he departed active duty; credited 1 year 11 months and 11 days * 1 October 2006 – he entered on active duty * 19 April 2009 – he departed active duty; credited with 1 year, 11 months and 11 days 5. Army Regulation 635-5 (Personnel Separations) Chapter 2 (Preparing the DD Form 214) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge. a. Block 12a. (Date Entered Active Duty (AD) this Period) should reflect the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued b. Block 12b. (Separation Date this Period) should reflect the Soldier's transition date. c. Block 12c. (Net Active Service this Period) should reflect the amount of service this period, computed by subtracting item 12a from 12b. 6. Based on the provided DD Form 214, the applicant’s Net Active Service this Period total is 2 years, 6 months and 19 days. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the orders for active duty service, the dates of his entry on active date and his separation date. Based on a preponderance of evidence, the Board determined that an error had occurred and a correction to the applicant’s DD Form 214 was warranted. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 the Army records of the individual concerned be corrected by amending the DD Form 214 for the period of service ending 19 April 2009 to reflect in item 12. (Record of Service) c. (Net Active Service this Period) “0002-06-19” vice “0001-11-11.” 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 (Personnel Separations) Chapter 2 (Preparing the DD Form 214) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge. a. Block 12a. (Date Entered Active Duty (AD) this Period) should reflect the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued b. Block 12b. (Separation Date this Period) should reflect the Soldier's transition date. c. Block 12c. (Net Active Service this Period) should reflect the amount of service this period, computed by subtracting item 12a from 12b. ABCMR Record of Proceedings (cont) AR20180014178 4 1