ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 November 2019 DOCKET NUMBER: AR20190009523 APPLICANT REQUESTS: in effect, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his active duty service time between 10 February 2003 to 29 July 2004. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2A (USAR) (Personnel Qualification Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for ending period 9 March 1999 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. The applicant states he never received his final DD Form 214 for his active duty service time between 10 February 2003 to 29 July 2004. The applicant states he requested a DD Form 214 for the 10 February 2003 to 29 July 2004 timeframe through Human Resources Command (AHRC) and received a DD Form 214 for ending period 1999. The applicant states he needs a DD Form 214 for 10 February 2003 to 29 July 2004 when he was deployed on active duty and states he never received a DD Form 214 nor has he been able to locate a copy. 3. The applicant enlisted in the United States Army Reserve (USAR) on 21 May 1998. 4. The applicant's available records contain: a. Global War on Terrorism Expeditionary Medal Award memorandum, issued by the 95th Military Police Battalion, Camp Victory, Iraq, dated 27 May 2004. The memorandum states: * Dates or period of service: 20 May 2003 to 15 June 2004 * Reason: For service, while deployed abroad in support of Operation Iraqi Freedom b. A letter from Chief, Congressional Inquiry Section, Human Resources Command, AHRC to a Member of Congress, dated 8 August 2019 stating “a search of AHRC systems and other databases was performed and a DD Form 214 was not found for the 2003-2004 time period. It appears Mr. Browning should have a DD Form 214 from 2004; however, one was not found in his service record.” c. DA Form 5016 (Chronological Statement of Retirement Points) dated 8 October 2019. The DA Form 5016 shows: * From 21 May 2003 to 20 May 2004, the applicant received 366 active duty points. * From 21 May 2004 to 20 May 2005, the applicant received 85 active duty points. 6. Army Regulation (AR) 635-5 (Separation Documents), prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214 and stated the separation document is a synopsis of the Soldier's most recent period of continuous active duty. A DD Form 214 will be prepared for Reserve Component Soldiers who complete 90 days or more of continuous active duty military service. 7. AR 635-5 established that a DD Form 214 could be issued or reissued only through authorization by an appellate authority, executive order, or by the Secretary of the Army when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty). Do not issue a DD Form 214 to replace copies or DD Forms 214 lost by the Soldier. If no DD Form 214 is available, issue a statement of service or transcript of military record. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was partially warranted. The Board sufficient evidence that the applicant served on active duty honorably from 20 May 2003 to 15 June 2004 due to the orders from the 9th MP BN dated 27 May 2004 awarding the applicant the GWOTM. However, the record is void of and the applicant did not provide a DD Form 214 from the 2003-2004 timeframe. Furthermore, the record is void of and the applicant did not provide sufficient evidence required to reissue a DD Form 214, including mobilization and demobilization orders from the US Army Reserve Command or the 200th Military Police Command at Fort Meade, Maryland; deployment and redeployment orders from the 95th MP Battalion or its higher headquarters; discharge documents from the USAR; evidence of all awards, decorations and badges since basic training; evidence of schools attended since basic training. Therefore, per regulation, the Board has no basis to correct the applicant’s DD Form 214. However, the Board discussed that regulation allows for issuing a statement of honorable service for the period 20 May 2003 to 15 June 2004, per the GWOTM orders in the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief. Because there is no DD Form 214 in the record, nor did the applicant provide one, the Board recommends issuing the applicant a statement of honorable service for the period he served on active duty from 20 May 2003 to 15 June 2004. 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. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214 and stated: a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. b. A DD Form 214 will be prepared for Reserve Component Soldiers who complete 90 days or more of continuous active duty service. c. A DD Form 214 can be issued by direction from an appellate authority, executive order, or by the Secretary of the Army when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215. Do not issue a DD Form 214 to replace copies or DD Forms 214 lost by the Soldier. If no DD Form 214 is available, issue a statement of service or transcript of military record // NOTHING FOLLOWS // ABCMR Record of Proceedings (cont) AR20190009523 0 4 1