IN THE CASE OF: BOARD DATE: 28 April 2021 DOCKET NUMBER: AR20210006408 APPLICANT REQUESTS: in effect, correction of his date of entry to active duty and his separation date on his DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period ending 3 March 2014. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 39-36 dated 7 February 2011 * Officer Record Brief (ORB) * Orders 280-0003 dated 7 October 2013 * DD Form 214 effective 2 March 2011 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 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 the dates he entered active duty and separated from active duty are incorrect on his DD Form 214. He would like the DD Form 214 to accurately reflect his active duty time as the form is frequently used for home loans, employment opportunities, and other purposes. He was unaware the dates had been entered incorrectly until he contacted the VA and they informed him that his service dates were inaccurate. 3. The applicant provides: a. Orders 39-36, dated 7 February 2011, ordered the applicant to active duty with an effective date of commission of 3 March 2011 and a report date of 22 March 2011. b. An ORB which identified his basic date of appointment as 3 March 2011. c. Orders 280-0003, dated 7 October 2013, released the applicant from active duty with an effective date of 3 March 2014. d. His DD Form 214 for his active duty period as an enlisted Soldier from 14 September 2010 to 2 March 2011. The applicant highlights the dates on his DD Form 214. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 14 September 2010. b. He was honorably discharged on 2 March 2011. His DD Form 214 shows he completed 5 months and 19 days of active service. Block 28 (Narrative Reason for Separation) shows “Accept Commission or Warrant in the Army.” c. On 3 March 2011, he was appointed as a RA commissioned officer and executed an oath of office on the same day. d. Orders 200-1432, dated 19 July 2011, directed the applicant to proceed on permanent change of station to Fort Polk, LA with a report date of 19 September 2011. e. A DA Form 1059 (Service School Academic Evaluation Report), dated 19 August 2011, indicated the applicant successfully completed the Military Police Basic Officer Leader course from 4 April 2011 to 19 August 2011. f. Orders 280-0003, dated 7 October 2013, released the applicant from active duty with an effective date of 3 March 2014. g. On 3 March 2014, he was honorably released from active duty. His DD Form 214 shows he completed 3 years and 1 day of active service with no lost time. * item 12a (Date Entered AD This Period) - 3 November 2011 (2011-11-03) * item 12b (Separation Date This Period) - 3 March 2014 (2014-03-03) * item 12c (Net Active Service This Period) - 3 years, 0 months, 1 day * item 12d (Total Active Prior Service) - 0 years, 5 months, 19 days h. Orders D-02-004632, dated 28 February 2020, honorably discharged the applicant from the U.S. Army Reserve. 5. By regulation, 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not 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 Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The Board determined there is insufficient evidence in the applicant’s military record to support the correction of his date of entry to active duty and his separation date on his DD Form 214. Therefore, relief was denied. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XXX XXX 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 (Separations Documents) prescribes policies and procedures regarding separation documents, including the DD Form 214 (Certificate of Release or Discharge from Active Duty). The version of this regulation, in effect at the time of the issuance of the applicant’s final DD Form 214 provided the following specific guidance for completion of the DD Form 214: * for item 12a (Date Entered AD (active duty) This Period) it states to enter the beginning date of the continuous period of AD for issuance of this DD Form 2I4, for which a DD Form 2I4 was not previously issued. * for item 12b (Separation Date This Period) it states to enter the Soldier's transition date; this date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government * for item 12c (Net Active Service This Period) states to enter the amount of service this period, computed by subtracting item I2a from I2b; lost time under 10 USC 972 and non-creditable time after ETS, if any, are deducted; such time will be identified in block I8; if Soldier was released from active duty because of voided enlistment, enter "00 00 00" * for item 12d (Total Prior Active Service) it states from previously issued DD Forms 2I4, 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) AR20210006408 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1