IN THE CASE OF: BOARD DATE: 1 May 2020 DOCKET NUMBER: AR20190002879 APPLICANT REQUESTS: correction of the below DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show all of her military service periods while on active duty. .DD Form 214 for the period ending 21 May 2004 .DD Form 214 for the period ending 23 October 2007 .DD Form 214 for the period ending 31 July 2017 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: .DD Form 149 (Application for Correction of Military Record) .NGB Form 21 (Annex A–DD Form 4 (Enlistment–Reenlistment Agreement–ArmyNational Guard (ARNG))), dated 30 April 2003 .Orders 3136-48, Military entrance Processing Station, dated 16 May 2003 .DD Form 214, dated 21 May 2004 .DD Form 214, dated 23 October 2007 .DD Form 214, dated 31 July 2017 .email(s), Subject: Application to make service credit payment .email, Subject: 214 corrections needed FACTS: 1.The applicant did not file within the three-year period provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file. 2.The applicant states, in effect, by a human resources representative informed her,when she was trying to buy back military time for federal employment, that it must beevident her period of service was performed under Title 10, unfortunately the personwho prepared her DD Form 214 (Separation Document) left this information out. Shecontends her military service record is incorrect and she requests the followingcorrections: a.In effect, her DD Form 214 for the period ending 21 May 2004 should include thefollowing corrections: (1)Block 12c (Net Active Duty Service Period) correctly shows the entry "0000 04 09." (2)She enlisted on 30 April 2003 and served in an inactive duty status until12 January 2004; a period of 8 months and 14 days; block 12e (Total Prior Inactive Service) should be corrected to show the entry "0000 08 14" instead of "0000 08 13." (3)Block 18 (Remarks) does not include an entry to show she was she wasordered to initial active duty for training (IADT) under the provisions of Title 10, United States Code (USC), section 672(d). b.In effect, her DD Form 214 for the period ending 23 October 2007 should includethe following corrections: (1)Block 12c correctly shows the entry "0001 03 24." (2)Block 12d (Total Prior Active Service) does not include an entry listing herprevious active duty service and should be corrected to add the entry, "0000 04 09." (3)She served in an inactive status from 22 May 2004 to 29 June 2006, a periodof 2 years, 1 month, and 8 days. Block 12e should be corrected to add the entry, "0002 01 08." c.In effect, her DD Form 214 for the period ending 31 July 2017 should include thefollowing corrections: (1)she served in an inactive status from 24 October 2007 to 31 July 2016 a totalperiod 8 years, 9 months, and 8 days. (2)Block 12d does not include any active duty service during this period (3)Block 12e does not include her active duty service during this period. 3.On 30 April 2003, the applicant enlisted into the Alabama Army National Guard(ALARNG) for a period of six years.4.Orders 3136–48, Military Entrance Processing Station, date 16 May 2003, showswith consent of the Governor of Alabama the applicant was ordered to IADT under Title10, US Code, Section 672(d) to complete basic combat training and advanced individualtraining. Her report date was 14 January 2004. 5.The Department of Defense Financial Management Regulation (DOD FMR), Volume7A, Chapter 1, paragraph 010104 (Computation of Creditable Service) states inpertinent part that to calculate dates, list the beginning date of service and list theending date. If the day is the 31st day of the month, then change it to 30. If the day isFebruary 28 in a non-leap year, then change it to February 30 for computationpurposes. If the day is February 29, then change it to February 30 for computationpurposes. Do not change February 28 of a leap year to February 30. Then add allending dates together. Subtract the beginning day result from the ending day. Foreach noncontinuous period of service, add 1 day to account for inclusive days.Explanation: Any period of service is at least one day. It is necessary to add 1 day forinclusive days to avoid this erroneous answer. Convert to full years, months, and days.The result is years of service creditable for pay purposes. If, for example, the memberhad one day of service on January 17, 2012, then the computation would look like thebelow example: 6.Department of the Army Pamphlet (DA PAM) 600-8 (Management and AdministrativeProcedures), paragraph 5-12g(2) covers time in service and date of rank computationson the DD Form 214 and states, when computing a period of the a month will becomputed on a 30-day basis. When computing creditable service, consider each monthas consisting of 30 days regardless of the actual number of days in the month, exceptwhen the period of active service ends on 28 February of a leap year; do not change the28 to 30 since the 29th is the last day of the month. Add one day for inclusive datesafter subtractions. Convert 30 days and 12 months to full months and years aftercomputation.7.The applicant enlisted in on 30 April 2003 and the day before she entry on activeduty for IADT was 12 January 2004, as such, the following example shows her correctinactive duty service for this period: 5.On 13 January 2013, the applicant entered AD and released from active duty training(ADT) with an honorable character of service, on 21 May 2004. Her DD Form 214shows the following entries: .block 12c (Net Active Service This Period) – 4 months and 9 days .block 12d (Total Prior Active Service) – "0000 00 00" .block 12e (Total Prior Inactive Service) – 8 months and 13 days .block 18 (Remarks) – does not include an entry to show she was ordered toactive duty under Title 10, US Code, Section 672(d) 6.Orders 173–128, Joint Force Headquarters Alabama National Guard, dated 22 June2006, shows the applicant was ordered to AD for a period not to exceed 545 days forOperation Iraqi Freedom (OIF). The authority is listed as Title 10 United States Code(USC) 12302 (Ready Reserve). 7.The applicant served in an inactive duty status between 22 May 2004 and 29 June2006, a period of 2 years, 1 month, and 8 days. Additionally, she previously completed4 months and 9 days of active duty service. 8.On 30 June 2006, the applicant entered AD and released from AD with an honorablecharacter of service, on 23 October 2007. Her DD Form 214 shows the followingentries: .block 12c (Net Active Service This Period) – 1 year, 3 months and 24 days .block 12d (Total Prior Active Service) – "0000 00 00" .block 12e (Total Prior Inactive Service) – "0000 00 00" .block 12f (Foreign Service) – 11 months and 10 days .block 18 (Remarks) – "SERVED IN A DESIGNATED IMMINENT DANGER PAYAREA//SERVICE IN IRAQ 20060921 – 20070830//" 9.On 21 July 2014, the applicant was released from the ALARNG and transferred tothe United States Army Reserve (USAR) Control Group (Reinforcement (REINF)) withan honorable character of service. 10.On 13 August 2014, the applicant was released from USAR Control Group (REINF)for a voluntary reason and assigned to 378th Military Police (MP) Detachment (DET),Criminal Investigation Command (CID). 11.On 15 March 2015, the applicant enlisted (IMMEDIATE REENLISTMENT) into theUSAR for a period of six years. 12.Orders 16–155–00004, Headquarters, 200th Military Police Command, dated3 June 2016, shows the applicant was ordered to AD under Title 10 USC, Section12302, as a member of the Reserve Component (RC), for a period of 365 daysmobilization for Enduring Freedom (Other Than Homeland (2001–Present)). Her orderswere amended under the provisions of Orders 16–209–00019, dated 27 July 2016, toshow she was attached to Fort Belvoir, VA Protective Services Battalion (BN) instead ofinstead of assignment to the aforementioned unit. 13.Orders BV–271–0010, U.S. Army Installation Management Command, dated27 September 2016, shows the applicant was deployed in a Temporary Change ofStation (TCS) status in support of Operation Enduring Freedom (Conus Support Base),Fort Belvoir, VA for a period not to exceed 365 days. The period of was for a WorldIndividual Augmentation System (WIAS) special agent position with assignment toCharlie (C) Detachment, 321st Military Police Detachment with attachment to UnitedSates Army Protective Service Battalion. Her orders accounting code was amendedunder the provisions of Orders BV–271–0010 (A1) on the same date of the amendedorder. 14.The applicant completed 8 years, 9 months, and 8 days of inactive service between24 October 2007 and 31 July 2016. She previously completed 2 years, 9 months, and21 days of inactive service, for a total of 11 years, 6 months, and 29 days of net activeservice. Also, she previously completed a total of 1 year, 8 months, and three days ofprior active service. Additionally, she previously completed 11 months and 10 days offoreign service. 15.On 1 August 2016, the applicant entered AD and released from AD with anhonorable character of service, on 31 July 2017. Her DD Form 214 shows the followingentries: .block 12c (Net Active Service This Period) – 1 year .block 12d (Total Prior Active Service) – 1 year, 5 months, 1 day .block 12e (Total Prior Inactive Service) – 11 years, 10 months .block 12f (Foreign Service) – "0000 00 00" .block 18 (Remarks) – "ORDERED TO ACTIVE DUTY IN SUPPORT OFOPERATION ENDURING FREEDOM IAW 10 USC 12302//BLOCK 25: ORDERSNUMBER 16-155-00004, 20160603//AMENDED BY ORDERS NUMBER 16-209- 00019, 20160727//MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//AMENDED ORDER 16-287-00036 DTD 13//AMENDED ORDER BV-271-0010 DTD 27 SEP 2016.//OCT 2016. TEMPORARY CHANGE OF STATION(TCS) ORDERED IN SUPPORT OF OEF 10 USC 12302 WITH DUTY AT FORTBELVOIR, VA ON ORDER NUMBER BV-271-0010 DTD 27 SEP 2016.AMENDED ORDER BV-271-0010 (A1) DTD 27 SEP 2016.//" 16.The applicant's record is void of evidence of Orders Number 16–287–00036, dated13 for her TCS from 1 August 2016 to 31 July 2017. 17.The applicant provides email(s), which shows a human resource representative(Army Benefits Center) reviewed her record and determined her DD Form 214 for herAD period of service ending 23 October 2017 was prepared in error for an entry to listher service as under the provisions or authority of Title 10 (Armed Forces). 18.Army Regulation 635-8 (Personnel Separations–Separation Processing andDocuments) and Army Regulation 635-5 (Separation Documents) established thestandardized policy for preparing and distributing the DD Form 214. The purpose of theseparation document is to provide the individual with documentary evidence of his orher military service at the time of release from active duty, retirement, or discharge. It isimportant that information entered on the form be complete and accurate and reflectsthe conditions as they existed at the time of separation. BOARD DISCUSSION: 1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records. The Board considered the applicant’s statement, her record ofservice, entries on her DD Forms 214 and email correspondence from the humanresources representative. The Board considered that while there is no regulatorycriteria for making in entry in item 18 to note that an Reserve Soldier was ordered toactive duty under Title 10 for entry onto active duty for Initial Active Duty Training;however, there is also no harm nor is there any bar to making such an entry. Based ona preponderance of evidence, the Board determined that a correction was appropriateto prevent an injustice to the applicant. 2.After reviewing the application and all supporting documents, the Board found thatpartial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief. As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by: a.correcting the applicant's DD Form 214 (Certificate of Release or Discharge fromActive Duty) for the period ending on 21 May 2004 to add the following entry to block 18(Remarks): "ORDERED TO ACTIVE DUTY FOR TRAINING IAW 10 USC 672(d)," b.correct the applicant's DD Form 214 for the period ending on 23 October 2007 to addor remove the following entries: (1)block 12d (Total Prior Active Service) – remove the entry "0000 00 00" and add theentry "0000 04 09" (2)block 12e (Total Prior Inactive Service) – remove the entry "0000 00 00" and addthe entry "0002 09 21" c.correct the applicant's DD Form 214 for the period ending on 31 July 2017 to add orremove the following entries: (1)block 12d – remove the entry "0001 05 01" and add the entry "0001 08 03" (2)block 12e – remove the entry "0011 10 00" and add the entry "0011 08 03" (2)block 12f (Foreign Service) – remove the entry "0000 00 00" and add the entry"0000 11 10" 2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much ofthe application that pertains to correcting item 12d of the applicant's DD Form 214 forthe period ending 21 May 2004. 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, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice. This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so. 2.Army Regulation 635-8 (Personnel Separations–Separation Processing andDocuments) and Army Regulation 635-5 (Separation Documents) established thestandardized policy for preparing and distributing the DD Form 214. The purpose of theseparation document is to provide the individual with documentary evidence of his orher military service at the time of release from active duty, retirement, or discharge. It isimportant that information entered on the form be complete and accurate and reflectsthe conditions as they existed at the time of separation. a.Block 12c: Net Active Service This Period. Amount of service this period,computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and non-creditable time after ETS, if any, are deducted. Lost time will be listed in block 29; other non-creditable time will be identified in block 18. If Soldier was released from active duty because of voided enlistment, enter “00 00 00.” b.Block 12d: Total Prior Active Service. From previously issued DD Form 214,DD Form 220, DA Form 1506, or Retirement Point Annual Statement, enter total amount of prior active military service less lost time, if any. If not applicable, enter “00 00 00.” c. Block 12e: Total Prior Inactive Service. From previously issued DD Form 214, Retirement Point Annual Statement, DA Form 1506, or Service member’s record brief, enter the total amount of prior inactive service, less lost time, if any. Delayed Entry Program (DEP) time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable for completing the statutory Military Service Obligation (MSO) and will be entered in block 18. If not applicable, enter “00 00 00.” d. Block 12f: Foreign Service. Enter the total amount of service performed outside the continental United States (OCONUS) during the period covered in block 12c. In addition, list periods of deployed service in block 18. e. Block 18, the entry “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)” is used for Reserve component Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country. 3. The Department of Defense Financial Management Regulation (DOD FMR), Volume 7A, Chapter 1, paragraph 010104 (Computation of Creditable Service) states in pertinent part that to calculate dates, list the beginning date of service and list the ending date. If the day is the 31st day of the month, then change it to 30. If the day is February 28 in a non-leap year, then change it to February 30 for computation purposes. If the day is February 29, then change it to February 30 for computation purposes. Do not change February 28 of a leap year to February 30. Then add all ending dates together. Subtract the beginning day result from the ending day. For each noncontinuous period of service, add 1 day to account for inclusive days. Explanation: Any period of service is at least one day. It is necessary to add 1 day for inclusive days to avoid this erroneous answer. Convert to full years, months, and days. The result is years of service creditable for pay purposes. If, for example, the member had one day of service on January 17, 2012, then the computation would look like the below example: 4. Department of the Army Pamphlet (DA PAM) 600-8 (Management and Administrative Procedures), paragraph 5-12g(2) covers time in service and date of rank computations on the DD Form 214 and states, when computing a period of the a month will be computed on a 30-day basis. When computing creditable service, consider each month as consisting of 30 days regardless of the actual number of days in the month, except when the period of active services ends on 28 February of a leap year; do not change the 28 to 30 since the 29th is the last day of the month. Add one day for inclusive dates after subtractions. Convert 30 days and 12 months to full months and years after computation. 5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS//