IN THE CASE OF: BOARD DATE: 2 February 2022 DOCKET NUMBER: AR20210013499 APPLICANT REQUESTS: Correction of the date of separation on his DD Form 214 Worksheet from 12 October 2004 to 13 October 2004 and provide him a DD Form 215 (Correction to DD Form 214). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 Worksheet * NGB Form 22 (Report of Separation and Record of Service) * Orders 423-006, State of Idaho Military Division, Boise, ID * Army National Guard (ARNG) Retirement Points History Statement (P06B3-416) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), 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 the date of separation on his DD Form 214/DD Form 214 Worksheet, dated 12 October 2004 was amended on 11 April 2005 to show a separation date of 13 October 2004. He needs a DD Form 215 to correct these documents. 3. The applicant provided a: a. DD Form 214 Worksheet showing he entered active duty this period on 28 June 2004, he was awarded military occupational specialty (MOS) 12B (Combat Engineer), and he was honorably released from active duty and transferred to the ARNG on 12 October 2004 upon completion of required active service. b. NGB Form 22, showing he enlisted in the Idaho ARNG (IDARNG) on 10 June 2003 and served until he was honorably discharged on 13 October 2004. c. Orders 423-006, State of Idaho Military Division, Boise, ID, dated 11 April 2005, amended Orders 413-019, State of Idaho Military Division, Boise, ID, dated 7 March 2005 to show he was honorably discharged from the ARNG, effective 13 October 2004 in lieu of 12 October 2004. d. An ARNG Retirement Points History Statement (P06B3-416), dated 13 April 2005, showing, in part, he was mobilized from 28 June 2004 to 13 October 2004. 4. The available evidence indicates the applicant enlisted in the ARNG, on 10 June 2003. Orders 113-032, State of Idaho Military Division, Boise, ID, shows he was ordered to active duty with a report date of 28 June 2004 to Fort Bliss, TX. 5. The available evidence also contains a DD Form 214 that was prepared at the time of separation that confirms he served in an active duty status from 28 June to 12 October 2004. He was honorably released and transferred to the ARNG. His DD Form 214 shows he completed 3 months and 18 days of creditable active service. His awards are listed as the National Defense Service Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with “M” Device, and Army Service Ribbon. His DD Form 214 shows in: * Separation Date This Period, 12 October 2004 * Primary Specialty, MOS 12B (Combat Engineer) * Type of Separation, Release from Active Duty * Character of Service, Honorable * Separation Authority, AR 635-200, Chapter 4 * Narrative Reason for Separation, Completion of Required Active Service 6. Among the documents the applicant provided are a: * DD Form 214 Worksheet showing completion of IADT from 28 June to 12 October 2004, he was awarded an MOS, honorably released, and transferred to the ARNG * Orders 423-006, State of Idaho Military Division, dated 11 April 2005, amending Orders 413-019, State of Idaho Military Division, dated 7 March 2005 showing he was honorably discharged from the ARNG, effective 13 October 2004 in lieu of 12 October 2004 * An ARNG Retirement Points History Statement (P06B3-416), dated 13 April 2005, showing, in part, he was mobilized from 28 June to 13 October 2004 * His submissions were provided to the Board in its entirety 7. Regarding the applicant’s argument that the date of separation on his DD Form 214/DD Form 214 Worksheet should be amended to show a separation date of 13 October 2004 in lieu of 12 October 2004 and providing him a DD Form 215 showing this correction. a. The available evidence shows the applicant was mobilized from the ARNG and served in an IADT status from 28 June to 12 October 2004, he was awarded an MOS, honorably released, and transferred to the ARNG. On 13 October 2004, he was honorably discharged from the ARNG. b. Initially, he was issued Orders 413-019, discharging him from the ARNG, effective 12 October 2004, however, on 11 April 2005, he was issued Orders 423-006 amending Orders 413-019 to showing he was honorably discharged from the ARNG, effective 13 October 2004. c. AR 635-8 (Separation Processing and Documents) currently in effect prescribes the transition processing function of the military personnel system. The regulation contains guidance stating for block 12b, enter the separation date this period. The applicant’s separation date from IADT was 12 October 2004 and his date of discharge from the ARNG was 13 October 2004. BOARD DISCUSSION: 1. 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 and documents provided by the applicant. Evidence of record shows, the applicant was issued orders discharging him from the ARNG with an effective date of 12 October 2004. On 11 April 2005, those orders were amended to show an honorable discharge, effective 13 October 2004. The Board determined 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 and denied relief. 2. 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. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 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. ADMINISTRATIVE NOTE(S): NA REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 states enter in block 12b, the 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013499 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1