IN THE CASE OF: BOARD DATE: 3 November 2021 DOCKET NUMBER: AR20200008977 APPLICANT REQUESTS: issuance of a mobilization DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period February to September 2003. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders M-002-0158, 2 January 2003 (Mobilization) * Orders M-03-223-0001, 11 August 2003, amendments * Memorandum, dated 1 March 2003, Subject: * SUBJECT: Armed Forces Reserve Medal (AFRM) and Mobilization ("M' Device) * Orders 05-045-00056, dated 14 February 2005 (discharge orders) 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 February 2003, she was mobilized to Fort Stewart, GA (unit mobilization). She was mobilized from February 2003 to September 2003. She was discharged from the military in 2005 and just found out that a DD Form 214 was not generated for her nor was a character of service letter. She believes this is an error because she has documentation reflecting her activation and award documentation. She was in the range of time activated for service during the aforementioned period. 3. Review of the applicant's service records shows: a. She enlisted in the U.S. Army Reserve for 8 years on 10 April 2002. She enlisted for training in military occupational specialty (MOS) 71L (Administrative Specialist) and assignment to the U.S. Army Garrison, West Palm Beach, FL. b. The Retirement Points Detail, documented on the Soldier's Management System of the Integrated Web Services (IWS), maintained by the U.S. Army Human Resources Command (HRC), shows she was on active duty for training (ADT) from 24 April 2002 to 10 August 2002. However, there is no DD Form 214 filed in her records or provided by the applicant for this period of ADT. c. On 2 January 2003, Headquarters, 81st Regional Support Command, Birmingham, AL published Orders M-002-0158 ordering her to active duty as a member of her Reserve unit for 365 days, mobilization in support of Operation Enduring Freedom. She was ordered to report to Fort Stewart, GA on 13 January 2003. d. On 11 August 2003, Headquarters, 781st Regional Support Command, Birmingham, AL published Orders M-03-223-0001 amending her report date to Fort Stewart, GA from 13 January 2003 to 15 February 2003. e. On 1 March 2003, the Company Commander, Headquarters and Headquarters Company, 3220th Garrison Support Unit signed a memorandum authorizing the Armed Forces Reserve Medal with M Device to a group of Soldiers, including the applicant, for the period 10 January 2003 to 9 January 2004, based on active duty service in support of a call up or designated contingency operations. f. The Retirement Points Detail, documented on the Soldier's Management System of the Integrated Web Services, maintained by the U.S. Army Human Resources Command, shows she was on active duty for training (ADT) from 10 January 2003 to 5 October 2003. However, there is also no DD Form 214 filed in her records or provided by the applicant for this period of ADT. g. On 14 February 2005, Headquarters, 81st Regional Support Command published Orders 05-045-00056 ordering the applicant's discharge from the U.S. Army Reserve, with a general, under honorable conditions characterization of service, in accordance with Army Regulation (AR) 135-178 (Enlisted Administrative Separations). h. Her DA Form 5016 (Chronological Statement of Retirement Points) shows she completed 2 qualifying years of service toward non-regular retirement. i. On 5 June 2002, the U.S. Army Human Resources Command informed her that the documents she provided are already filed in her official record, and were considered when processing her request. HRC remains unable to issue her a Statement of Service or a DD Form 214 as there is not enough information on file to do so. In order to provide her a Statement of Service, HRC must verify the character of service at the time of her separation, the date of entry, the date of release from active duty, and the grade at the time of discharge. 3. By regulation (AR 635-5, in effect then), Do not issue DD Form 214 to replace record copies or DD Forms 214 lost by soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record. 4. By regulation (AR 635-8, currently in effect), when separation is ordered, the separation approval documents must be present for transition processing to occur. Source documents, as listed below, must be present in a Soldier’s record in order to complete the DD Form 214. If approval documentation is not present in a Soldier’s record, action will be coordinated with the necessary activity (personnel service division, Assistant Chief of Staff for Personnel, adjutant general, or chain of command) for proper source documents. Use the following documents when preparing a DD Form 214: * Service member’s record brief * Separation approval documents, if applicable * Separation order * Any other document authorized for filing in the AMHRR BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was 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 periods of active duty service were not annotated in her records with a DD form 214 or a statement of service to capture her time accurately. The Board agreed the applicant’s records should be corrected to show her periods of service for her active duty training and her deployment for a year. Based on this the Board granted relief to correct the applicant’s records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XX XX XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 214 for the period of 24 April 2002 to 10 August 2002 for active duty training, with a honorable discharge. DD form 214 for the period 10 January 2003 to 9 January 2004 in support of Operation Enduring Freedom, with a honorable discharge. 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, U.S. 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, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. Paragraph 2-7 states, do not issue DD Form 214 to replace record copies or DD Forms 214 lost by soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record. 3. Army Regulation 634-8 (Separation Processing and Documents) currently in effect also prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Paragraph 5-4 (Source documents) states when separation is ordered, the separation approval documents must be present for transition processing to occur. Source documents, as listed in subparagraph b below, must be present in a Soldier’s record in order to complete the DD Form 214. If approval documentation is not present in a Soldier’s record, action will be coordinated with the necessary activity (personnel service division, Assistant Chief of Staff for Personnel, adjutant general, or chain of command) for proper source documents. Use the following documents when preparing a DD Form 214: * Service member’s record brief * Separation approval documents, if applicable * Separation order * Any other document authorized for filing in the AMHRR //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200008977 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1