IN THE CASE OF: BOARD DATE: 28 June 2021 DOCKET NUMBER: AR20200009158 APPLICANT REQUESTS: in effect, correction to Block 12c (Net Active Service This Period) on his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the service period ending 18 August 2006 and for the service period ending 12 May 2008. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record) * DD Form 220 (Active Duty Report), dated 23 June 2005 * DD Form 214, effective 18 August 2006 * DD Form 214, effective 12 May 2008 * NGB Form 23B (Army National Guard Retirement Points History Statement) * Texas Army National Guard (TXARNG) Letter, dated 30 July 2020 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 his DD Forms 214 do not accurately reflect his time served in Block 12c. On one DD Form 214 it should reflect just short of a year. He deployed to Iraq during that period from 2007 to 2008, yet the DD Form 214 reflects 1 month and 22 days served and it should reflect approximately 11 months. The second DD Form 214 does not reflect the accurate time because he was attending basic training and advanced individual training (AIT) during that time. He is unable to use education benefits for his son as a result of the errors. 3. The applicant provides: a. A DD Form 220, dated 23 June 2005, noted in Block 10 (Effective Date on Entry on Active Duty) the date 30 May 2005. b. A DD Form 214 for his service period from 30 May 2005 to 18 August 2006 and a DD Form 214 for his service period from 14 May 2007 to 12 May 2008. c. A letter from the TXARNG Records Manager, dated 30 July 2020, which states there appear to be errors in Block 12c of his DD Forms 214 with a separation date of 18 August 2006 and separation date of 12 May 2008. The TXARNG verified his NGB Form 23B against pay documents; however, the DD Forms 214 had to be corrected by “active duty Army” as they were issued by the active component. d. An NGB Form 23B, dated 30 July 2020, provides a summary of points he earned towards his retirement. 4. A review of the applicant’s service record shows: a. He enlisted in the TXARNG on 5 May 2005. b. Orders 513XXX, dated 1X May 20XX, ordered the applicant to initial active duty for training (IADT), for a training period of approximately 10 weeks, with a report date of 31 May 2005. c. Orders 266-XXXX, dated X3 September 2XXX, released the applicant from attachment with an effective date of 20 August 2XXX. d. His DD Form 214 shows he entered active duty for training (ADT) on 30 May 2005. He completed basic combat and advanced individual training, and was awarded an infantry specialty. e. He was honorably released from ADT on 18 August 2006 (should be 2005). The total time served based on the above referenced orders and the information on his DD Form 214 was 1 year, 2 months, and 20 days with no lost time. Block 12 (Record of Service) shows the following: * Block 12a (Date Entered AD this Period) – 2005 05 30 * Block 12b (Separation Date this Period) – 2006 08 18 * Block 12c (Net Active Service this Period) – 1 month and 22 days f. Orders 110-XXX, dated 20 April 20XX, ordered the applicant to active duty in support of Operation Iraqi Freedom (OIF), for a period not to exceed 400 days, with an effective date of 14 May 2007. He served in Iraq from 14 August 2007 to 20 April 2008. g. Orders 113-XXXX, dated 22 April 2XXX, released the applicant from active duty, not by reason of physical disability, with an effective date of 12 May 2008. h. His DD Form 214 shows he entered active duty on 14 May 2007 and he was honorably released from active duty on 12 May 2008. He completed 11 months and 29 days with no lost time during this period. Block 12 (Record of Service) shows the following: * Block 12a (Date Entered AD this Period) – 2007 05 14 * Block 12b (Separation Date this Period) – 2008 05 12 * Block 12c (Net Active Service this Period) – 1 month and 22 days i. Orders 158-XXXX, dated 7 June 2XXX, honorably discharged the applicant from the TXARNG and assigned him to the U.S. Army Reserve (USAR) Control Group (Annual Training) with an effective date of 4 May 2011. j. He was honorably released from the TXARNG on 4 May 2011. His NGB Form 22 shows he completed 6 years of net service for the period. k. Orders D-05-XXXX, dated 7 May 2XXX, honorably discharged the applicant from the USAR with an effective date of 7 May 2XXX. l. A more current NGB Form 23B, dated 23 December 2020, was also available in the applicant’s service record which provides a summary of points earned towards retirement. 5. By regulation (AR 635-8), 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. a. Block 12a (Date Entered Active Duty This Period), data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.. b. Block 12b (Separation Date This Period), list the Soldier’s transition date. This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government. c. Block 12c (Net Active Service This Period) amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted. d. Block 12d (Total Prior Active Service) calculated from previously issued DD Form 214, DD Form 220, DA Form 1506, or Retirement Point Annual Statement, enter total amount of prior active military service less lost time, if any. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. 1. The applicant's first DD Form 214 shows he served on active duty from 30 May 2005 to 18 August 2006 (should be 18 August 2005), completing 2 months and 20 days of active service. His DD Form 214 listed an incorrect separation date (2006) and an incorrect net active service this period of only 1 month and 22 days. It should be 2005 and 2 months and 20 days, respectively. 2. The applicant's second DD Form 214 shows he served on active duty from 14 May 2007 to 12 May 2008, completing 11 months and 29 days with no lost time. His DD Form 214 for this period listed an incorrect entry in Block 12c (Net Active Service this Period) of 1 month and 22 days. It should be 11 months and 29 days. It also listed an incorrect entry in the prior active duty block of 1 year, 2 months, and 5 days. It should be 2 month and 20 days. The Board voted for correction of his net service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X: X: X: 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 as follows: a. DD Form 214 covering the period 30 May 2005 to 18 August 2006: * Block 12b, delete 2006-08-18 and add 2005-08-18 * Block 12c, delete 0000--01-22 and add 0000-02-20 b. DD Form 214 covering the period 14 May 2007 to 12 May 2008: * Block 12c, delete 0000--01-22 and add 0000-11-29 * Block 12d, delete 0001-02-05 and add 0000-02-20 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 635-8 (Separations Processing and Documents), currently in effect, states 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. a. Block 12a (Date Entered Active Duty This Period), data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. b. Block 12b (Separation Date This Period), list the Soldier’s transition date. This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government. c. Block 12c (Net Active Service This Period) amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted. Lost time will be listed in block 29; other noncreditable time will be identified in block 18. If Soldier was released from active duty because of voided enlistment, enter “00 00 00.” d. Block 12d (Total Prior Active Service) calculated from previously issued DD Form 214, DD Form 220, DA Form 1506, or Retirement Point Annual Statement, enter total amount of prior active military service less lost time, if any. If not applicable, enter “00 00 00.” //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009158 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1