IN THE CASE OF: BOARD DATE: 20 March 2020 DOCKET NUMBER: AR20190004110 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he attended and graduated from the U.S. Army Airborne School on 19 August 2011. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Airborne Course Diploma FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States 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 enlisted in the U.S. Army Reserve (USAR) on 14 December 2009. 3. The applicant entered active duty for training on 21 July 2010. He was honorably released from active duty training on 17 December 2010. 4. The applicant's available record does not contain any evidence that he served on active duty for a period of 90 or more days subsequent to the issuance of his DD Form 214 for the period ending 17 December 2010. 5. The applicant successfully completed the Airborne Course on 19 August 2011, at Fort Benning, GA; this training was completed after the period of active duty covered by his previously issued DD Form 214. 6. On 21 December 2013, the applicant was honorably discharged from the USAR. 7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided, 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. The DD Form 214 is not intended to have any legal effect on termination of a soldier's service. A DD Form 214 will be prepared USAR Soldiers under the following conditions: a. Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), or temporary tours of active duty (TTAD). b. RC Soldiers completing initial ADT that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days. This includes completion of advanced individual training (AIT) under the Army National Guard United States Alternate Training Program or USAR Split Training Program. 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 and length of service, the reason for his active duty service and his return to his USAR unit of assignment and the evidence of his completion of Airborne Training while a member of the USAR. The Board considered the policy for completion of a DD Form 214. The Board found insufficient evidence that the applicant had any qualifying period of active duty (90 or more days) after the period reflected on his DD Form 214 and that his completion of Airborne Training took place after his period of active duty. Based on a preponderance of evidence, the Board determined that the absence of Airborne School on his DD Form 214 was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (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, provided, 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. The DD Form 214 is not intended to have any legal effect on termination of a soldier's service. a. A DD Form 214 will be prepared for each Soldier as indicated: (1) Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration term of service (ETS)), physical disability separation, or punitive discharge under the Uniform Code of Military Justice. (2) Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), or temporary tours of active duty (TTAD). (3) RC Soldiers completing initial ADT that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days. This includes completion of advanced individual training (AIT) under the Army National Guard United States Alternate Training Program or USAR Split Training Program. b. 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. It states to list formal in-service (full- time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004110 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1