IN THE CASE OF: BOARD DATE: 22 March 2023 DOCKET NUMBER: AR20220003044 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period 15 August 2010 to 13 January 2011 as follows: * Block 4a (Grade, Rate or Rank) and Block 4b (Pay Grade) to show sergeant (SGT)/E-5 vice private first class (PFC)/E-3 * Block 8a (Last Duty Assignment and Major Command) to show 88th Regional Support Command * Block 9 (Command to Which Transferred) to show 980th Engineer Battalion, Headquarters and Headquarters Company, Austin, TX * Block 11 (Primary Specialty) to show 12B2O (Combat Engineer) vice 12W (Carpentry and Masonry) * Block 12c (Record of Service) to show all his Reserve service instead of 4 months and 29 days of active service * Block 14 (Military Education) to show completion of the Combat Engineer Course APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Orders for Annual Training and/or Other Training to Panama, El Salvador, California, Fort McCoy, and others * U.S. Army Reserve promotion to SGT/E-5 orders, 26 June 2014 * DA Form 1059 (Service School Academic Evaluation Report), 11 August 2017 * U.S. Army Reserve Discharge Orders, 29 May 2018 * Award of Army Reserve Overseas Training Ribbon, 3 June 2013 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 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 he is requesting his DD Form 214 corrected and updated. a. He was promoted (in the U.S. Army Reserve) to SGT on 1 July 2014; his Last Duty Assignment and Major Command was with the 88th Regional Support Command; his Primary Specialty was 12B2O; and his unit was HHC, 980th Engineer Battalion, Austin, TX. b. He wants his active duty with the Reserve added up and reflected on his DD Form 214. He was at Fort Sherman, Panama, Extensive Combat Training for 14 Days; El Salvador Extensive Combat Training for 14 Days; Fort McCoy Operation Cold Steel for 12 days; Fort Leonard Wood Reclassification for 16 days; Fort Irwin Extensive Combat Training for 12 Days Ball, La Warrior Leadership Course for 19 Days c. These corrections should be made to update his DD Form 214 to current status. He is asking for the correction so that he can use his Hazelwood benefit to attend Texas A&M University San Antonio. Currently, his DD Form 214 reflects Net Active Service at 4 months and 29 days. If his record of service is updated to include the additional times he was on Active Duty, then his Net Active Service will increase to over 6 months, and he will qualify for the Hazelwood Act. The date of discovery is over 3 years because he did not decide to enroll in school until this Spring Semester 2022. d. In reviewing his current DD Form 214 to attend Texas A&M University- San Antonio he noticed some discrepancies with his Net Active Service time. I would like to apply for Federal and or State Education Benefits to purse his Higher Education goals. He strongly believes that he has served on Active Duty more than what is reflected on his DD Form 214 and that his duties and promotion were not captured due to oversight. Net Active Service should reflect more than 6 months by his calculations. 2. Review of the applicant’s service records shows: a. He enlisted in the U.S. Army Reserve for 8 years on 5 May 2010, in the rank/grade of PFC/E-3. b. He entered active duty or training (ADT) on 15 August 2010. He completed 7 weeks of training at Fort Leonard Wood, MO for award of military occupational specialty 12W, Carpentry and Masonry Specialist. c. He was honorably released from active duty for training (ADT) on 13 January 2011 to the control of his Reserve unit. His DD Form 214 shows in: * Block 4a (Grade, Rate or Rank) and Block 4b (Pay Grade) PFC/E-3 * Block 8a (Last Duty Assignment and Major Command) Company C, 169th Engineer Battalion, Fort Leonard Wood, MO, Training and Doctrine Command (TRADOC) * Block 9 (Command to Which Transferred) 302nd Engineer Company, San Antonio, TX * Block 11 (Primary Specialty) 12W1O (Carpentry and Masonry), 0 years 0 months * Block 12c (Net Active Service This Period) 4 months and 29 days * Block 14 (Military Education) Carpentry and Masonry Specialist, 7 weeks, 2011 3. After his release from active duty, he continued to drill with his Reserve unit, completing various monthly Battle Assembles and/or Annual Training. While in the U.S. Army Reserve: * he was promoted to SGT/E-5 in the Reserve on 1 July 2014 * he completed training for award of MOS 12B, Combat Engineer, on 11 August 2017 * he was ordered to Annual Training at Fort Sherman, Panama, Extensive Combat Training for 14 Days; El Salvador Extensive Combat Training for 14 Days; Fort McCoy Operation Cold Steel for 12 days; Fort Leonard Wood Reclassification for 16 days; Fort Irwin Extensive Combat Training for 12 Days Ball, La Warrior Leadership Course for 19 Days 4. He was honorably discharged from the U.S. Army Reserve on 29 May 2018. 5. Aside from his Active Duty for Training DD Form 214, there is no evidence that he completed any active duty service of a duration of 90 days or more that necessitated the issuance of a second DD Form 214. 6. By regulation (AR 635-8), 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: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active-duty service at the time of release from active duty, retirement, or discharge. The Board determined the DD Form 214 will be issued at time of separation to each member of the Reserve components called or ordered to active duty for a period of 90 days or more. Upon review of the applicant’s petition and available military records, the Board found the applicant’s DD Form 214 accurately captures his years of service for the period ending 13 January 2011. 2. Furthermore, the Board determined the applicant was promoted to the rank of sergeant while in the reserves with the 88th Regional Support Command; his Primary Specialty was 12B2O; and his unit was HHC, 980th Engineer Battalion, Austin, TX. The Board found the applicant is requesting correction to his DD form 214 for post service accomplished earned while in his reserve unit. The Board agreed the applicant was not on active duty during any of the requested periods. Therefore, the Board denied relief. 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 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 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. 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 of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice. b. Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability, regardless of the length of time served on active duty. c. Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, 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; and d. RC Soldiers completing initial ADT that results in the 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 ARNG of the United States Alternate Training Program or the USAR Split Training Program. 3. The general instructions for completing the DD Form 214: a. Block 4: Grade, Rate, or Rank. Verify that active duty grade or rank and pay grade are accurate at time of separation. b. Block 8: Last Duty Assignment and Army Command, and Station where separated; (1) Block 8a: Last Duty Assignment and Army Command. Enter last unit of assignment and Army command with the corresponding two-character assignment code. c. Block 9: Command to which Transferred. For entry determinations see table 5–1. Enter the applicable location de-pendent on the Soldier’s status on termination of active duty. When released from ADT, return to the U.S. Army Reserve or Army National Guard unit. d. Block 11: Primary Specialty. Enter the titles of all MOSs or areas of concentration (AOCs) awarded and held for at least 1 year during the current period of service and include for each MOS/AOC the number of years and months held. For time determinations, 16 or more days counts as a month. Do not count time in training (basic training, advanced individual training, Basic Officer’s Leader Course, or MOS-producing school). e. Block 12c: Net Active Service This Period. Amount of service this period, computed by subtracting block 12a (Date of Entry) from 12b (Date of Separation). f. Bock 14: Military Education. List all formal, in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003044 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1