IN THE CASE OF: BOARD DATE: 1 July 2022 DOCKET NUMBER: AR20210014277 APPLICANT REQUESTS: issuance of DD Forms 214 (Certificate of Release or Discharge from Active Duty) for his 35E Military Occupational Specialty (MOS) and Warrant Officer Basic Course (WOBC) Phase I training. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), online application * 9x Leave and Earnings Statements (LES) * 5x Orders to Duty * DD Form 214, for the period ending 28 November 2006 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, in effect, while he was in the Army National Guard (ARNG), he never received DD Forms 214 for his 35E MOS training in 1997 or his WOBC Phase I in 1999. He requests issuance of DD Forms 214 for each MOS training Per Army Regulation (AR) 635-8 (Separation Processing and Documents) paragraph 5-1f. He is currently a Department of the Army Civilian and tried buying back his military time from the Defense Finance and Accounting Service (DFAS); however, DFAS stated they would not honor his LESs nor orders for Active Duty Training (ADT). He was informed to resubmit the DD Forms 214 since they were the only acceptable source document recognized. At the time of these training events, he was unaware he should have been issued DD Forms 214 for any ADT associated with MOS training. 3. The applicant provides the following documents for the Board's consideration: a. LESs from 3 October 1997 through 31 December 1997, which shows the applicant was on active duty for training from 19 September 1997 to 15 December 1997. b. On 28 August 1997, Orders Number 151-062 issued by the State of , ordered the applicant to ADT for the period of 19 September 1997 to 3 April 1998 reporting to the Signal School at . On 14 October 1997, the orders were amended to show his period of ADT as 19 September 1997 to 30 January 1998. c. On 2 September 1999, Orders Number 148-035 issued by the , ordered the applicant to annual training for the period of 8 September 1999 to 28 September 1999 to attend phase I of the WOBC and Phase II Technical Training. d. On 21 September 1999, Orders Number 155-001 issued by the , ordered the applicant to ADT for the period of 29 September 1999 through 12 October 1999 for Phase II Technical Training. On 22 September 1999, the orders were amended to show his period of ADT as 29 September 1999 through 14 October 1999. e. LESs from 29 September 1999 through 15 October 1999, which show he was on ADT from 8 September 1999 through 14 October 1999. f. On 28 November 2006, the applicant was issued a DD Form 214 for his period of Active Duty from 12 January 2003 through 28 November 2006. He was discharged for disability with severance pay. 4. The applicant's initial enlistment documents are not available for the Board's consideration; however, his DA Form 2-1 (Personnel Qualification Record), dated 12 November 1996 shows in: a. Block 6 (MOS) 35E Radio Repair 29 April 1996. b. Block 35 (Record of Assignment): * Active Duty Navy - 13 June 1980 through 15 July 1988 * Enlistment ARNG - 10 January 1994 5. On 12 August 1999, the applicant was issued a DD Form 214 as a member of the ARNG, which shows his last duty assignment was a student at the Warrant Officer Candidate Course. He had completed 1 month of training. He had entered active duty on 13 July 1999. The narrative reason for separation was acceptance of a commission or warrant officer in the Army. 6. DA Form 2-1, dated 30 December 1999, shows in item 17 (Civilian Education and Military Schools) and item 28 (Continuation): * SINCGARS Course, 3 months 1997 * Radio COMSEC Course, 3 months 1997 * Warrant Officer Candidate School - Reserve Component, 4 weeks 1999 7. There was no documentation in the applicant's service record showing the inclusive dates of his 35E MOS course. The applicant provides LESs showing when he was on ADT in 1997 and in 1999. 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, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board determined regulatory guidance for the issuance of DD Form 214 for the contested period were not met and the DD Form 214 issued at retirement accurately shows the total amount of active-duty service. 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, 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 states, the regulation prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. A DD Form 214 will be prepared for: a. Soldiers completing 90 days or more of continuous ADT, Full Time National Guard Duty, or active duty support. b. Soldier transitions for cause or physical disability regardless of the length of time served on active duty. c. All active Army or Reserve Component Soldiers mobilized and/or deployed in support of contingency operation when transitioned from active duty. d. Soldiers changing their status or component, while serving on active duty. e. Soldiers completing initial active duty for training that results in the award of an MOS, even when the active duty period was less than 90 days (includes Reserve Component). This includes completion of Advanced Individual Training (AIT) under the ARNG Alternate Training Program or US Army Reserve Split Training Program. //NOTHING FOLLOWS//