ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20190002015 APPLICANT REQUESTS: correction of item 12a (Date Entered AD (Active Duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 15 May 2008 to show the entry "2007 04 04" instead of "2007 07 24." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Army Human Resources Command (AHRC) letter, dated 29 November 2018 * Eight leave and earnings printouts with a page explaining codes * DD Form 214 Worksheet, covering the period 4 April 2007 - 1 September 2008 * DD Form 214, covering the period 24 July 2007 – 15 May 2008 * Orders 088-426, dated 29 March 2007 * Memorandum, subject: Medical Disposition of (Applicant), dated 27 April 2007 * Orders 120-001, dated 30 April 2007 * Orders 120-002, dated 30 April 2007 with another set with a bold typed Revoked on them * Orders 129-382, dated 9 May 2007 * Orders 164-497, dated 13 June 2007 * Orders 164-021, dated 13 June 2007 * Orders 165-001, dated 14 June 2007 * Memorandum for (Applicant), subject: Void DD Form 220 [Active Duty Report], dated 14 June 2007 * Orders 171-002, dated 20 June 2007 * Orders A-07-716483, dated 25 July 2007 * Orders 270-05, dated 27 September 2007 * Orders A-09-719134A01, dated 6 December 2007 * Orders 126-0002, dated 5 May 2008 * NGB Form 23A (Army National Guard Current Annual Statement), date prepared 6 July 2009 (page one only) 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 (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. Orders 088-426, issued by the Office of The Adjutant General, State of Georgia on 29 March 2007, ordered the applicant as a member his unit in the Georgia Army National Guard (GAARNG) to active duty with a report date of 4 April 2007 to his home station and a report date of 7 April 2007 to the mobilization station (Camp Atterbury, IN) for the purpose in support of Operation Iraqi Freedom (OIF) for a period not to exceed 400 days. 3. A Memorandum for Commander from the Camp Atterbury MOB Site Medical Director, subject: Medical Disposition of (Applicant), dated 27 April 2007 shows that based on the results of a medical evaluation the applicant had a temporary medical condition that precludes him from continuing the mobilization process. 4. Orders 120-001, issued by Camp Atterbury, dated 30 April 2007 reassigned him back to his permanent station (his ARNG unit) with a proceed date of 30 April 2007. 5. Orders 120-002, issued by Camp Atterbury, dated 30 April 2007 released him from active duty back to his ARNG unit effective 2 May 2007. 6. Orders 129-382, issued by the Office of The Adjutant General, State of Georgia on 9 May 2007 amended Orders 088-426 by changing "the period of active duty not to exceed 400 days" to "the period of active duty not to exceed 29 days." These orders were later revoked by Orders 164-497, dated 13 June 2007. 7. Orders 164-021, issued by Camp Atterbury, dated 13 June 2007 reassigned him from his unit to Camp Atterbury for the purpose of travel for medical evaluation until release with a proceed date of 18 June 2007. 8. Orders 165-001, issued by Camp Atterbury, dated 14 June 2007 revoked Orders 120-002, dated 30 April 2007 pertaining to releasing him from active duty. 9. A Memorandum for (Applicant) from a Civilian, Personnel Service Specialist, Camp Atterbury, subject: Void DD Form 220, dated 14 June 2007 stated that the DD Form 220 with a separation date of 2 May 2007 was prepared in error. It further noted the applicant was on administrative hold and would remain on active duty until released. 10. Orders 171-002, issued by Camp Atterbury, dated 20 June 2007 released him from Camp Atterbury and attached him to A Company, Warrior Transition Unit at Fort Knox, KY to complete medical treatment and processing effective 21 June 2007 until transferred or released from active duty. 11. Orders A-07-716483, issued by AHRC on 25 July 2007 retained the applicant on active duty and assigned him to the Headquarters, Warrior Transition Battalion, Fort Knox with a report date of 24 July 2007 for the purpose to participate in Reserve component medical holdover medical retention processing program for completion of medical care and treatment. It further noted his period of active duty was 5 months and 26 days with an end date 18 January 2008. 12. Orders A-07-716483R, issued by AHRC, dated 17 September 2007 rescinded the unexecuted portion of active duty effective 8 October 2007 as promulgated by Orders A-07-716483, dated 25 July 2007. 13. Orders A-09-719134, issued by AHRC, dated 17 September 2007 retained the applicant on active duty and assigned him to the Warrior Transition Battalion, Fort Stewart, GA with a report date of 9 October 2007 for the purpose to participate in Reserve component medical holdover medical retention processing program for completion of medical care and treatment. He was further attached to the Community Based Health Care Organization (CBHCO) – Florida with a period of active duty of 3 months and 10 days with an end date of 18 January 2018. 14. Orders 270-05, issued by U.S. Army Medical Department Activity, Fort Knox on 27 September 2007 released the applicant from the WTU, Fort Knox and transferred him to the CBHCO-Florida effective 3 October 2007 with a report date of 9 October 2007. 15. Orders A-09-719134A01, issued by AHRC, dated 6 December 2007 amended Orders A-09-719134, dated 17 September 2007 by changing the period of active duty from "3 months and 10 days with end date of 18 January 2008" to "9 months and 7 days with end date of 15 July 2008." 16. Orders 126-0002, issued by Headquarters, Fort Stewart and Hunter Army Airfield, Fort Stewart on 5 May 2008 released him from active duty and assigned him back to his ARNG unit effective 15 May 2008. 17. Orders A-07-716483R, issued by AHRC, dated 18 June 2008 rescinded the unexecuted portion of active duty effective 15 May 2008 as promulgated by Orders A-09-719134, dated 25 July 2007. 18. The applicant was honorably released from active duty and transferred to his GAARNG unit on 15 May 2008 by reason of completion of required active service. The DD Form 214 he was issued showed he completed 1 year, 1 month, and 12 days of net active service this period. 19. NGB Form 22 (National Guard Bureau - Report of Separation and Record of Service) shows the applicant was honorably discharged from the ARNG by reason of medically unfit for retention on 8 December 2009. 20. The applicant provides the following evidence, in addition to what was discussed above: a. An AHRC letter, dated 29 November 2018 stated his request to change his date entered active duty was correct as issued and his recourse was to apply to this Board. b. Eight leave and earnings printouts from the Defense Finance and Accounting Service (DFAS) with a page explaining the codes on the printout. Printout page number 4 shows the applicant was paid each day from 4 April 2007 through the end of December 2007 with a code of "50," which represents active duty pay for the day. Printout page number 2 shows the applicant was paid each day from 1 January 2008 through 15 May 2008 with a code of "50." c. DD Form 214 Worksheet DD Form 214 Worksheet, covering the period 4 April 2007 - 1 September 2008. This worksheet shows the entry in item 12a as "2007 04 04." It also contains an entry in item 18 (Remarks) the states: "Member has Completed First Full Term of Service // Period from 20070404 to 20070723 Mobilization Service 10 USC 12302." d. NGB Form 23A (Army National Guard Current Annual Statement), date prepared 6 July 2009 (page one only) shows he was credited with retirement points toward retirement as an ARNG mobilized service member from 4 April 2007 through 15 May 2008 under the AD (Active Duty) Points column. 21. The applicant's record contains no orders that released him from active duty service after his mobilization and prior to his release from active duty and transfer to his ARNG unit on 15 May 2008. The NGB Form 23A in conjunction with the DFAS printouts shows he was credited for and paid for service while on active duty; therefore, showing a continuous period of active duty service. 22. Army Regulation 635-5 (Separation Documents), dated 15 September 2000, states to enter the beginning date of the continuous period of AD for issuance of this DD Form 24, for which a DD Form 214 was not previously issued in item 12a. BOARD DISCUSSION: The Board agreed that a preponderance of the evidence supports correction of the applicant's DD Form 214 for the period ending 15 May 2008 to show he entered active duty on 4 April 2007. Orders in his record clearly show he was ordered to report for active duty on 4 April 2007, and though there were initially plans to release him from active duty, after the publication of numerous orders, the end result was that he did not have a break in active duty service during the period 4 April 2007 to 15 May 2008. The Board also noted that the net active service shown on the DD Form 214 is the span between 4 April 2007 and 15 May 2008. The Board concluded that the proliferation of orders pertaining to the applicant led to an error in the entry date recorded on the DD Form 214. 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 his DD Form 214 for the period ending 15 May 2008 as follows: * Delete the entry in item 12a * Add to item 12a "2007 04 04" 12/20/2019 X CHAIRPERSON 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 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), dated 15 September 2000, established the standardized policy for preparing and distributing the DD Form 214. Item 12a (Date entered AD This Period) enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued. // NOTHING FOLLOWS //