IN THE CASE OF:  

		BOARD DATE:  20 May 2021

		DOCKET NUMBER:  AR20200001130


APPLICANT REQUESTS: a correction to his DD Form 214 (Certificate of Release or
Discharge from Active Duty), block 12c, (Net Active Service This Period), to show the 
correct time in service.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 

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 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, in effect, his DD Form 214 shows he was in the service for       
1 year, 6 months, and 11 days and should read 1 year, 11 months, and 28 days.

3.  The applicant provides his DD Form 214 to show the date he enlisted in the Army
and the date he was discharged from Active Duty (AD).

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 25 August 2009.

b.  His DD Form 214 shows he was discharged from AD on 22 August 2011, under 
the provisions of Army Regulation (AR) 635-200 (Personnel Separations- Enlisted 
Personnel), paragraph 14-12C, misconduct, with a characterization of service of 
general, under honorable conditions.  In block 12c of this form, it shows he completed   
1 year, 6 months, and 11 days, with lost time from 29 October 2010 until 13 April 2011 
and 21 June 2011 until 22 June 2011.

5.  AR 635-5 (Personnel Separations - Separation Documents) prescribes the
separation documents that must be prepared for soldiers on retirement, discharge, 
release from active duty service, or control of the Active Army.  It establishes 
standardized policy for preparing and distributing the DD Form 214 (Certificate of 
Release or Discharge from Active Duty).


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted. The Board carefully considered the applicant's record of service, 
documents submitted in support of the petition and executed a comprehensive and 
standard review based on law, policy and regulation.  Upon review of the applicants 
petition and available military records the Board determined the applicant’s military 
service was accurately reflected on his DD Form 214.  The Board agreed the burden of 
proof rest with the applicant; however, he did not provide any supporting documentation 
and his service record has insufficient evidence to support his request for correction to 
his DD Form 214, block 12c, (Net Active Service This Period), to show the 
correct time in service. Based on this the Board determined relief was not warranted 
and denied relief.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	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 (Personnel Separations - Separation Documents) prescribes 
the separation documents which are prepared for individuals upon retirement, 
discharge, or release from active military service or control of the Army.  This regulation 
is applicable to members of the Active Army and members of the Army National Guard 
of the United States (ARNGUS) and the US Army Reserve (USAR) on active duty, 
active duty for training (ADT); or members of the Army National Guard (ARNG) on full–
time training duty (FTTD) under 32 U.S.C. 101(12).

   a.	Paragraph 1-4a (1) (c), states “a DD Form 214 will be prepared for all personnel 
at the time of their retirement, discharge, or release from the Active Army.  After 
completing initial active duty for training which resulted in the award of an MOS, even 
though the active duty was less than 90 days. This includes completion of AIT under the 
ARNGUS Alternate Training Program or USAR Split Training Program.”
   
   b.	Paragraph 2-4a (2) (Alterations and corrections) states, “corrections must be 
made before the departure of the service member from the STA and before distribution 
of copies of DD Form 214.”
   
   c.	Paragraph 2-4a (5) b states, “once a separate has departed from the STA or if 
distribution of the DD Form 214 has been made, correct the DD Form 214 by requesting 
a DD Form 215 or a new DD Form 214 (para 2-5).”
   
   d.	Paragraph 2-5 (Issuance or reissuance of DD Form 214) states, “do not reissue 
the DD Form 214, once issued, except when (1) directed by proper appellate authority, 
Executive Order, or by the Secretary of the Army; (2) it is determined that the 
corrections to be made will not fit within the correction block of a single DD Form 215; 
(3) two DD Forms 215 have been issued and an additional correction is required; and 
(4) the character of service, item 24, is to be changed.”



//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200001130


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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