ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2021 DOCKET NUMBER: AR20210011239 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 December 2008 to show his US Army Reserve time. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 his DD Form 214 does not reflect his reserve time, which began in 2001. He attended basic training and Fort Leonard Wood, Missouri and advanced individual training at Fort Sam Houston, Texas. He was assigned to two separate units once home in one in , and the other in . None of this is reflected on his DD Form 214. 3. On 6 April 2001, the applicant enlisted in the USAR for 8 years. On 25 February 2002, the applicant requested enlistment into the Regular Army. 4. On 23 September 2002, the applicant enlisted in the Regular Army for 3 years. On 10 December 2004, he reenlisted in the Army for a period of 4 years. On 15 May 2007, he reenlisted in the Army for a period of 3 years. On 19 May 2008, he reenlisted in the Army for 6 years. 5. On 9 December 2008, he was discharged from the Army. His DD Form 214 shows he completed 6 years, 2 months, and 7 days of active duty service this period, and 4 month and 23 days of prior inactive service. 6. In the processing of this case, an advisory opinion was obtained on 10 November 2021, from the Chief, Army Service Center, US Army Human Resources Command. The advisory official stated, the applicant enlisted into the USAR on 6 April 2001, which is accounted for on his DD Form 214. The time between 6 April 2001 and 22 September 2002 is 1 year, 5 months, and 17 days. They cannot verify why the time does not match without his leave and earnings statements. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 7. The applicant was provided a copy of this advisory opinion on 15 November 2001, to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. 8. The applicant believes his USAR time is not included on his DD Form 214. a. His service records show he enlisted in the USAR on 6 April 2001. He requested Regular Army enlistment on 25 February 2002 and entered active duty on 23 September 2002. There was no evidence when he was released from duty in the USAR. b. The advisory opinion states the time between the date he enlisted in the USAR, 6 April 2001, and the date prior to his enlistment in the Army, 22 September 2002, is 1 year, 5 months, and 17 days. They could not confirm when he was released from the USAR without his leave and earnings statements. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based on the documentation available for review to include an advisory, the applicant was afforded the opportunity to provide applicable leave and earning statements for the requested time period. The Board members all agreed that as the burden of proof lies with the applicant, in the absence of further supporting documentation found 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. 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, U.S. 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 Army Board for Correction of Military Records (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), effective 15 September 2000, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated the following documents would be used when preparing the DD Form 214: the enlisted record brief; officer record brief; separation approval authority documentation, if applicable; separation orders; and any other document authorized for filing in the Official Military Personnel File. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice. b. Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, or active duty for special work, temporary tours of active duty, or Active Guard Reserve service; c. Reserve Component Soldiers separated for cause or physical disability regardless of the length of time served on active duty; d. Army National Guard U.S. and U.S. Army Reserves (USAR) Soldiers mobilized under sections 12301(a), 12302, or 12304, title 10, U.S. Code and Army National Guard Soldiers called into Federal service under chapter 15, or section 12406, title 10, U.S. Code, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and e. Reserve Component Soldiers completing initial active duty for training that results in award of a military occupational specialty, even when the active duty period was less than 90 days. This includes completion of advanced individual training under the Army National Guard of the United States Alternate Training Program or USAR Split Training Program. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011239 1 1