IN THE CASE OF: . BOARD DATE: 6 July 2020 DOCKET NUMBER: AR20190008869 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 22 February 2004 to reflect “Release from active duty” rather than “Release from active duty training.” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Order# A-08-300297 dated 12 August 2003 * Order# A-08-300297A01 dated 8 September 2003 * DD Form 214 dated 29 September 2003 * DD Form 214 dated 22 February 2004 * Helm Point Solutions document FACTS: 1. The applicant did not file within the three year time frame 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 states that he was stationed at the National Guard Imagery Mapping Agency in Bethesda, Maryland, with a separation date of 2 February 2004. While assigned he received two DD Forms 214. One states "release from active duty" and the other incorrectly states his type of separation as "release from active duty training." This error is resulting in issues with him claiming time with the Federal Government for retirement. Unfortunately, they are not accepting the DD Form 214 reflective of “release from active duty training” as the type of separation as they do not count training. He contests that his performance of duty during this period was not training as stated on his orders. 3. A review of the applicant’s available service records reflects the following: a. On 25 July 1991 he enlisted in the United States Army Reserve (USAR). b. On 15 October 1991 he was ordered to active duty. c. On 17 July 1994 he was released from active duty. d. On 12 August 2003 (Order# A-08-300297) he was ordered to active duty under the provisions of Title 10 Section 12301 (D) for 27 days effective 18 August 2003 with an end date of 13 September 2003. e. On 8 September 2003 (Order# A-08-300297A01) his order was extended from 27 days to 43 days resulting in an end date of 29 September 2003. f. On 29 September 2003 he was released from active duty. g. On 6 October 2003 he was again ordered to active duty. His available records are void of the actual orders (T-10-313020 dated 3 October 2003) to support this period of active duty as referenced under item 25 (Separation Authority) of the 22 February 2004 DD Form 214. However, information within the Soldier Management System reflects that this was an “ADT” (active duty training) order. g. On 22 February 2004 he was released from active duty. 4. The applicant provides: a. Order A-08-300297 dated 12 August 2003 reflective of the applicant being ordered to active duty under the provisions of Title 10, Section 12301 (D) for 27 days effective 18 August 2003. b. Order A-08-300297A01 dated 8 September 2003 reflective of his previous order of 27 days being changed to reflect a total of 43 days with a projected end date of 29 September 2003. c. DD Form 214 dated 29 September 2003 reflective of his service on active duty from 18 August 2003 through 29 September 2003. Item 23 (Type of Separation) states “release from active duty” and item 28 (Narrative Reason for Separation) states “completion of temporary tour active duty (TTAD).” d. DD Form 214 dated 22 February 2004 reflective of his service on active duty from 6 October 2003 through 22 February 2004. Item 23 (Type of Separation) states “release from active duty training” and item 28 (Narrative Reason for Separation) states “completion of required active duty training.” 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board noted the entry in the Soldier Management System confirming the applicant served a period of ADT from 6 October 2003 to 22 February 2004. The Board found insufficient evidence indicating this is an error. By a preponderance of the evidence, the Board determined the entry “completion of required active duty training" in item 28 of his DD Form 214 for the period ending 22 February 2004 is not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. A DD Form 214 will be completed for Reserve Component Soldiers completing 90 days or more of continuous active duty for training (ADT) and temporary tours of active duty (TTAD). Reserve Component Soldiers mobilized under sections 12301, 12302 or 12304, Title 10, United States Code regardless of length of mobilization, when transitioned from active duty. A DD Form 214 will not be prepared for Reserve Component Soldiers who are separated from active duty and were furnished a prior edition of DD Form 214, unless that form must be reissued for some other reason. Under Type of Separation on the DD Form 214 the following entries are authorized: * Release from active duty * Discharge. * Retirement. * Release from active duty and order to active duty in another status. * Release from ADT. * Release from custody and control of the Army. * Release from ADT and discharge from the Reserve of the Army and return to the ARNG 3. Title 10, Section 12301 states that the Secretary concerned may order a member of a Reserve component under the Secretary’s jurisdiction to active duty pursuant to section 12301(d) of this title to perform Active Guard and Reserve duty organizing, administering, recruiting, instructing, or training the Reserve components. A Reserve Component Soldier on active duty may be provided training consistent with training provided to other members on active duty, as the Secretary concerned sees fit. 4. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states 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// ABCMR Record of Proceedings (cont) AR20190008869 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1