ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 April 2020 DOCKET NUMBER: AR20180015144 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation date as 3 March 2012 and his entire period of service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States). REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. Specifically, it references instruction related to the preparation of the DD Form 214. a. Paragraph 5-1f states that a DD Form 214 will be prepared for Reserve Component (RC) Solders completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program). b. Paragraph 5-6x(1) states: "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority." FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 he separated from the Army on 3 March 2012 and his DD Form 214 does not reflect his entire time in the service. 3. On 4 March 2002, he enlisted in the U.S. Army Reserve for a term of 8 years. 4. On 21 March 2002, he was ordered to active duty for initial entry training. He was released from active duty on 10 September 2002. His DD Form 214 shows he completed 5 months and 20 days of active service during this period. He had 17 days of total prior inactive service. 5. On 1 October 2008, he was ordered to active duty in support of Operation Iraqi Freedom. He was released from active duty on 19 August 2009. His DD Form 214 for this period shows he completed 10 months and 19 days of active service during this period. He had 5 months and 20 days of total prior active service and 6 years, 1 month, and 7 days of total prior inactive service. 6. His records contain no evidence showing he completed 90 days or more of continuous active duty service after he was released from active duty on 19 August 2009 which is required to issue an additional DD Form 214. 7. On 15 March 2012, he was honorably discharged from the U.S. Army Reserve. BOARD DISCUSSION: 1. DD Form 214 are issued at the end of periods of active duty and they will show prior active and inactive duty. Inactive duty performed after the issue of a DD Form 214 is not added to prior DD Form 214. The applicant’s last DD Form 214 for the period of service ending 19 August 2009 would not be changed to add his inactive reserve duty that happened afterward from 20 August 2009 to 15 March 2012 when he was discharged from the U. S. Army Reserve. There is no error or injustice in the dates and periods of service shown on his DD Form 214. 2. The Board did note that there was an error on his DD Form 214 for his initial active duty for training period of service ending on 10 September 2002. In accordance with AR 635-8, reserve component Soldiers that successfully complete initial active duty training will be given a character of service as Honorable unless directed otherwise by the separation approval authority. Accordingly, the applicant’s DD Form 214 should be corrected accordingly as noted in the administrative notes below. 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 in the applicant’s DD Form 214 for the period of service ending 19 August 2009. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of this DD Form 214. 2. The Board recommends that all Department of the Army records of the individual concerned be corrected by executing the actions described in Administrative Note(s) below. 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): In accordance with AR 635-8, reserve component Soldiers that successfully complete initial active duty training will be given a character of service as Honorable unless directed otherwise by the separation approval authority. The applicant’s DD Form 214 for the period of service ending on 10 September 2002 should be corrected to show a honorable character of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015144 4 1