IN THE CASE OF: BOARD DATE: 14 July 2022 DOCKET NUMBER: AR20210015763 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in block 18 (Remarks) “Silver Hour Glass//20080902 to 20090530 10 USC 12301 (D)// see attached continuation sheet//.” Instead of “Silver Hour Glass//20080902 to 20090530, 10 USC 12301//See attached continuation sheet//. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 25 June 2021 * Orders Number A-04-911211, 16 April 2009 * DD Form 214 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 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 clerk who processed his DD Form 214 mistyped information in block 18 (Remarks) relating to one of his tours of duty. The clerk left the “D” off the end of the order. The last sentence in block 18 now reads “Silver Hour Glass//20080902 to 20090530, 10 USC 12301//See attached continuation sheet//. It should read “Silver Hour Glass//20080902 to 20090530 10 USC 12301 (D)// see attached continuation sheet//.” This minor mistake, dropping the (D) from the orders, caused this tour of duty to not be included when calculating his retirement date. It moved his retirement date from February 2021 to February 2022. 3. The applicant provides: a. Orders Number A-04-911211, issued by U.S. Army Human Resources Command, 16 April 2009, which show the applicant was ordered to active duty for operational support under provision of section 12301 (D), Title 10 USC for the period 31 May 2009 to 30 May 2010 for the purpose of contingency operation for active duty operational support (CO-ADOS) in support of Operation Enduring Freedom. b. His DD Form 214, which shows, in part, in block 18 “Armed Forces Reserve Medal with “M” Device and Silver Hour Glass//20080902 to 20090530, 10 USC 12301//See attached continuation sheet//. The continuation sheet shows, continued from block 18: C-ADOS//20090531 TO 20100530 10 USC (D) 12301, CO- ADOS//20100531 TO 20100629, 10 USC 12301 (D) CO-ADOS//20100630 TO 20100901, 10 USC 12302 MOBILIZATION//PDMRA FROM 20101023 TO 20101030. 4. A review of the applicant’s service record shows: a. On or about 2 June 1985, the applicant was appointed as a Reserve commissioned officer of the Army. b. Orders Number A-08-816649, issued by U.S. Army Human Resources Command, 29 August 2008, which show the applicant was ordered to active duty for operational support under provision of section 12301 (D), Title 10 USC for the period 2 September 2008 to 30 May 2009. For the purpose of a contingency operation for active duty operational support (CO-ADOS) in support of Operation Enduring Freedom. c. Orders Number 10-231-00003, issued by 75th Battalion Command Training Division (BCTD), 19 August 2010, which shows, in part the [applicant] was ordered to active duty on or about 1 September 2010, for 302 days. d. Orders Number 10-286-00003, issued by 75th Battle Command Training Division (BCTD), 13 October 2010, which shows, in part Orders Number 10-231-00003, was amended to: * As Reads: Period of active duty: 302 days * How Changed: Period of active duty: 53 days e. On 22 December 2010, he was honorably discharged. His DD Form 214 shows he completed 3 months and 22 days of net service during this period, and in: * item 12a – 20080902 * item 12b – 20101222 * item 12c – 3 months and 22 days * item 12d – 12 years, 1 months and 24 days * item 12e – 13 years, 1 month and 5 days * item 18 – “Armed Forces Reserve Medal with “M” Device and Silver Hour Glass//20080902 to 20090530, 10 USC 12301//See attached continuation sheet//.” The continuation sheet shows, continued from block 18: C- ADOS//20090531 TO 20100530 10 USC (D) 12301, CO-ADOS//20100531 TO 20100629, 10 USC 12301 (D) CO-ADOS//20100630 TO 20100901, 10 USC 12302 MOBILIAZATION//PDMRA FROM 20101023 TO 20101030 f. A Notification of Eligibility for retired pay at age 60 (20-year letter), issued by U.S. Army Human Resources Command, 6 July 2012, which shows, in part, the [applicant] has completed the required years of qualifying Reserve service and is eligible for retired pay at age 60 in accordance with Title 10, USC, Chapter 1223. g. On 14 April 2015, a DD Form 215 (Correction to DD Form 214) was issued, which shows, in part, item 12c DELETE: 0000 03 22, ADD: 0002 03 21; 12d DELETE: 0012 01 24, ADD: 0010 00 17; 12e DELETE: 0013 01 05, ADD:0013 02 13 h. Orders Number C11-198121, issued by U.S. Army Human Resources Command, 24 November 2021, which shows, in part, the applicant was placed on the retired list, with an effective date of 3 May 2021. 5. Title 10 U.S. Code Section 12301(d) provides that at any time, an authority designated by the Secretary concerned may order a member of a RC under his jurisdiction to active duty, or retain him/her on active duty, with the consent of that member. 6. By regulation, item 18 (Remarks) of the DD Form 214 is used for mandatory requirements when a separate block is not available. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the evidence supports the correction the applicant seeks. The Board determined his DD Form 214 for the period ending 22 December 2010 should be corrected to show the entry “20080902 to 20090530 10 USC 12301 (D).” ? 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 item 18 of his DD Form 214 for the period ending 22 December 2010 as follows: * Delete – “20080902 to 20090530 10 USC 12301” * Add – “20080902 to 20090530 10 USC 12301 (D)” 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 ABCMR determines it would be in the interest of justice to do so. 2. Title 10 U.S. Code Section 12301(d) provides that at any time, an authority designated by the Secretary concerned may order a member of a RC under his jurisdiction to active duty, or retain him/her on active duty, with the consent of that member. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. Paragraph 5-6 (Rules for Completing the DD Form 214 (Certificate of Release or Discharge from Active Duty) provides detailed instructions for data required in each block of the DD Form 214. Item 18 (Remarks) of the DD Form 214 is used for mandatory requirements when a separate block is not available. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015763 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1