IN THE CASE OF: BOARD DATE: 2 November 2021 DOCKET NUMBER: AR20200010111 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2006 to show his net active service as 23 years. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement * Standard Form 180 (Request Pertaining to Military Records) * ARPC Form 249-2-E (Chronological Statement of Retirement Points) * Order C-06-691002 (U.S. Army Human Resources Command) dated 2 June 2006 * 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, he is requesting his DD Form 214 be corrected per the enclosed documents. His DD Form 214 shows he completed 21 years and 1 month of service; however, his total years of military service includes Army active duty and Army Reserve and should be 23 years, 9 months and 21 days. The clerk failed to include his Army Reserve points in calculating the total number of years in the military for his retirement. The clerk made a mistake calculating the total years of active duty and Reserve military service up to the date of his retirement on 30 September 2006 from active duty. The total years of service should be 23 years, 9 months, and 21 days. 3. The applicant provides: a. A self-authored statement asking for his DD Form 214 be taken under consideration and updated to reflect his total number of years of Military service per his ARPC Form 249-2-E (Chronological Statement of Retirement Points), which shows 8486 = 23 years for retirement. His ARPC Form 249-2-E indicates 23 years of active military services instead of 21 years of active military service. He requests the adjustment of his DD Form 214 to show 23 years of military active service for his retirement. He is also requesting Standard Form 180 to be forwarded to Defense Finance and Accounting Service (DFAS). His monthly military retirement pay should be adjusted to reflect his 23 years of active duty military service. b. Standard Form 180 showing a request for his DD Form 214 to be amended, per his ARPC-Form-249-2-E (Chronological Statement of Retirement Points). c. Order C-06-691002, dated 2 June 2006 issued by U.S. Army Human Resources Command, St. Louis, MO, releasing him from active duty on the date following being placed on the retired list. d. His ARPC-Form-249-2-E, showing his retirement points from 1971 to 2005 totaling 8486 points. e. DD Form 214 for the period ending 30 September 2006, which shows he was honorably retired under the provisions of Army Regulation 635-200, Chap 12 – Sufficient Service for Retirement. 4. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve on 4 February 1977. b. His DA Form 1506, dated 7 July 2004 shows his active and inactive time in the service. It shows he had US Army Reserve (USAR) active duty time during the following: * From 10 September 1977 to 12 February 1978 for 5 months and 3 days * From 19 August 1983 to 1 July 2004 for 18 years, 10 months, and 13 days * Total Years Active Federal Service 19 years, 3 months, and 16 days * Total Creditable Service 27 years, 8 months, and 10 days c. The ARPC Form 249-2-E (Chronological Statement of Retirement Points) he submitted shows his retirement points from 19 May 1971 to 3 February 2006 are 8486 total points which equals 29 years, 3 months, and 12 days. d. He was ordered to active duty on 30 August 2004, and assigned to US Forces, Korea Support Unit, Honolulu, HI. e. Order C-06-691002 issued by U.S. Army Human Resources Command, St. Louis, placed the applicant on the retired list effective 1 October 2006. f. His DD Form 214 shows he was honorably retired on 30 September 2006, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), Chap 12 – Sufficient Service for Retirement. It also shows he completed 21 years, 1 month, and 12 days net active service and 1 year, 6 months, and 10 days total prior active service. g. An advisory opinion was requested from US Army Human Resources Command (USAHRC), Secretary of the General Staff, Staff Action Control Officer. h. On 16 April 2021, USAHRC responded with the following statement: [Applicant's] DD Form 214 contains no material errors in regard to his entry and retirement date, or the total service years as calculated. [Applicant's] retirement pay from the Defense Finance Accounting Service is based on his 1405 time as found on his retirement orders, which reflects as 23 years, 9 months and 21 days. The DD Form 214, block 12c is only authorized to reflect the total calculation of active duty performed from the entry date, to the release date; therefore, prior active and inactive service is only annotated in blocks 12d and 12e respectively, and is not included in block 12c. i. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal/additional comments. He did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, an advisory opinion, and regulatory guidance were carefully considered. The Board concurred with the advising official’s findings, and agreed the applicant’s total time is correctly annotated on the DD Form 214. The Board determined there was no error or injustice in this case. 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) AR20200010111 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1