IN THE CASE OF: BOARD DATE: 10 February 2021 DOCKET NUMBER: AR20210005603 APPLICANT REQUESTS: The applicant requests the correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 5 March 2010, by deleting "2002/10/31" from item 12a (Record of Service Date – Entered AD (active duty) This Period) and replacing the entry with "2009/02/08." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Two DD Forms 149 (Application for Correction of Military Record) * Two DD Forms 214 * Email correspondence between the applicant and the Army Review Boards Agency FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, item 12a on his DD Form 214, ending 5 March 2010, is wrong. 3. The applicant's service records show: a. The applicant enlisted into the Regular Army on 31 October 2002 for 3 years. b. On 21 February 2006, the applicant was honorably released from active duty (REFRAD) after he had completed his required active duty service. His DD Form 214 shows he served 3 years, 3 months, and 21 days of his 3-year enlistment contract (the applicant was retained on active duty for an additional 114 days for the convenience of the government). The applicant's DD Form 214 also indicated he was being transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his reserve obligation (which terminated on 15 August 2010), and he was subject to active duty recall, muster duty, and/or annual screening. Item 18 (Remarks) showed the applicant deployed to Iraq from 20030905 to 20040920. The applicant was awarded or authorized: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Combat Infantryman Badge * Expert Infantryman Badge * Parachutist Badge * Iraq Campaign Medal c. On 5 November 2008, the U.S. Army Human Resources Command (HRC) ordered the applicant to active duty, pursuant to a Presidential Executive Order, direct him to report on 8 February 2009; the orders indicated the applicant would be released from active duty not later than 14 March 2010. The applicant's online personnel file, located in HRC's Soldier Management System (SMS), indicates the applicant complied with the foregoing order and reported for active duty on 8 February 2009. d. On 15 April 2009, the applicant deployed to Iraq. Effective 9 June 2009, HRC promoted the applicant to staff sergeant/E-6. The applicant redeployed on 3 January 2010. e. On 5 March 2010, the applicant was honorably REFRAD and transferred back to the USAR Control Group (Reinforcement); the applicant's DD Form 214 shows the following entries: (1) Item 12a: "2002/10/31"; item 12c (Net Active Service this Period): "0001/00/28." (2) Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Iraq Campaign Medal with two bronze service stars * Army Commendation Medal (2nd Award) * Army Achievement Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Armed Forces Reserve Medal with "M" Device * Combat Infantryman Badge * Expert Infantryman Badge * Parachutist Badge * Driver and Mechanic Badge with Tracked Vehicle Component Bar f. On 17 August 2010, HRC honorably discharged the applicant from the USAR. 4. The applicant requests the correction of his DD Form 214, ending 5 March 2010, so that it accurately reflects the date he entered active duty. Per AR 635-5 (Separation Documents), in effect at the time, item 12a on DD Forms 214 was required to show the date the Soldier entered active duty for the period represented by that report. The evidence of record shows, for his DD Form 214 for the period ending 5 March 2010, the applicant entered active duty on 8 February 2009, vice 31 October 2002. BOARD DISCUSSION: After reviewing the application and all the supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record, documents provided by the applicant and regulatory guidance. The Board determined, evidence in the record show there is an error on the applicant’s DD Form 214 for the period ending 5 March 2010. The record shows the applicant entered active duty on 8 February 2009. Based on the evidence in the records and regulatory guidance the Board determined correction of his military records was warranted, and granted relief. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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 by amending the applicant’s DD Form 214 for the period ending 5 March 2010 to read: in item 12a (Date Entered AD This Period) “8 February 2009” 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows administrative corrections/omissions not annotated on his DD Form 214. While the applicant's two DD Forms 214 reflect the award of the Iraq Campaign Medal, neither correctly shows the campaigns in which the applicant participated. As a result, amend the applicant's DD Forms 214 as follows: * DD Form 214, ending 21 February 2006: delete Iraq Campaign Medal and replace with Iraq Campaign Medal with two bronze service stars * DD Form 214, ending 5 March 2010: deleted Iraq Campaign Medal with two bronze service stars and replace with Iraq Campaign Medal with three bronze service stars REFERENCES: 1. Title 10, USC, 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 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, stated the DD Form 214 was to show the date a Soldier entered active duty for the period represented by that report. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005603 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20210005603 5 ABCMR Record of Proceedings (cont) AR20210005603 4