IN THE CASE OF: 

		BOARD DATE: 11 April 2023

		DOCKET NUMBER: AR20220004629


APPLICANT REQUESTS: issuance of a DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period February 2003 – March 2014. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Officer Evaluation Report, 29 February 2004
*	Chronological Statement of Retirement Points, 6 May 2005
*	Army Commendation Medal Certificate, 9 January 2004
*	Summary of benefits letter, 14 January 2022

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 a DD Form 214 from active duty following a 
year of active duty, he was activated from the U.S. Army Reserves in February 2003 
and sent to Germany and returned in March of 2004. He did not receive a DD Form 214 
for that period of active duty. His higher headquarters failed to issue a DD Form 214.

3.  The applicant having had prior service in the North Dakota Army National Guard 
from 7 February 1975 until 21 March 1986.

4.  He was commissioned as a Reserve Commissioned Officer on 23 March 1986.

5.  The applicant provided:

	a.  Officer Evaluation Report (DA Form 67-9) which shows his period covered from 9 
March 2003 until 29 February 2004.

	b.  Chronological Statement of Retirement Points, prepared 6 May 2005, which 
shows:

		(1)  20030207 – 20040206 USAR active-duty points: 334	qualifying for 
retirement: 1 year and total points creditable: 353.

		(2)  20040207 – 20041221 USAR active-duty points: 39	qualifying for 
retirement: 10 months and 15 days and total points creditable: 82.

	c.  Army Commendation Medal Certificate, 9 January 2004, which shows he 
received the award for meritorious service while serving as a critical care nurse in 
support of Operation Iraqi Freedom/Operation Enduring Freedom. The period was from 
18 March 2003 – 23 February 2004.

	d.  Summary of benefits letter, 14 January 2022, showing his character of discharge 
and service dates include Army, Honorable, 10 March 2003 – 10 March 2004.

6.  The applicant’s available service records do not contain a DD Form 214 for the 
period requested.

7.  Army Regulation 635-5 states 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. 


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was 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. Upon review of the applicant’s petition and available military records the 
Board determined there was sufficient evidence to support the applicant’s periods of 
active duty and issuance of a DD Form 214.  Based on this, the Board granted relief to 
provide the applicant his DD form 214 for his periods of active duty.





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 
Army records of the individual concerned be corrected by issuance of a DD Form 214 
for the active duty periods February 2003 – March 2014.
	 
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 (AR) 635-5 (Separation Documents) 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. A DD Form 214 will be prepared for Reserve component (RC) soldiers 
completing 90 days or more of continuous active duty for training (ADT), Full-Time 
National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of 
active duty (TTAD), or Active Guard Reserve (AGR) service, except as specified in 
subparagraphs (3) through (5) below. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220004629


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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