IN THE CASE OF: BOARD DATE: 20 September 2023 DOCKET NUMBER: AR20230004976 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to include over 4 years of service credit for his prior service in the United States Marine Corps (USMC). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement, 21 December 2022 * DD Form 214, 18 August 2009 * DD Form 215 (Correction to DD Form 214), 11 September 2009 * DD Form 4 (Enlistment/Reenlistment Document), 24 May 2011 * DA Form 1506 (Statement of Service), 19 April 2012 * DA Forms 4187 (Personnel Action), 17 October 2013 – 6 June 2019 * DD Form 214, 6 May 2022 * Standard Form 180 (Request Pertaining to Military Records), 21 December 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 respectfully requests for his United States Marine Corps Reserve active service time to be added to his DD Form 214, effective 6 May 2022. He further states that he enlisted into the USMC and completed 4 years, 8 months, and 9 days of active service between 15 December 2003 to 18 August 2009 to accurately reflect qualifying service. 3. The applicant provides: a. self-authored statement that outlines his military service. He states that he was enlisted in the USMC from 15 December 2003 to 18 August 2009. He then enlisted in the regular Army on 24 May 2011, until he became absent without leave (AWOL) and dropped from rolls on 16 October 2013. On 31 May 2019 he was returned to service and claims to have 35 months and 5 days of active service, that period before being confined and discharged. b. A DD Form 4 shows he enlisted in the Marine Corps Reserve for a period of 8 years on 4 August 2003. c. A DD Form 214, that shows he entered active duty on 5 June 2008 and was honorably released from active-duty effective 18 August 2009. It also shows that he has 4 years, 8 months, and 9 days [sic] of net active service for the period; 2 years 4 months, and 10 days of total prior active service, and 10 months and 9 days of total prior inactive service. Additionally, he was released from active duty with an honorable characterization of service. d. A DD Form 215, dated 11 September 2009 shows that corrections were made to block 2 (Block 2 should read USMCR (KR) Vice USMCR (11)) and block 4a (Block 4a Should read CPL vice LCPL.)) e. A DD Form 4 shows that the applicant enlisted in the regular Army for a period of 5 years on 24 May 2011. Block 7 (Prev Mil SVC Upon Enlistment) is clear of any entry in 7a (Total Active Military Service) and 7b (Total Inactive Military Service). f. A DA Form 1506 shows a computation of the applicant’s active duty and non- active duty USMC service from 4 August 2003 through 18 August 2009, for a total of 1 year, 2 months, and 14 days, creditable for basic pay. g. Three DA Forms 4187 show: (1) “Present for Duty to Absent Without Leave effective… 16 October 2013.” (2) “Absent Without Leave (AWOL) to Dropped From Rolls (DFR) effective… 15 November 2013.” (3) “Drop From Rolls (DFR) to Present for Duty (PDY) effective… 31 May 2019.” h. A DD Form 214, effective 6 May 2022, that shows he has 2 years, 4 months, and 22 days of net active service this period, 1 year, 2 months, and 14 days of total prior active service, and 1 year, 9 months, and 5 days of total prior inactive service. Additionally, he was discharged with a dishonorable characterization of service and lost time from 20131016 – 20190529 and 20190530 – 20220506. i. Standard Form 180 (Request Pertaining to Military Records) shows that the applicant requested his DD Forms 214 from his USMCR and regular Army service, medical records, and DD Form 215 from the National Archives and Records Administration (NARA) on 21 December 2022. 4. A review of the applicant’s service record shows: a. He entered active duty in the USMC on 5 June 2008 and was honorably released from active duty on 18 August 2009. b. On 24 May 2011, the applicant enlisted in the Regular Army for a term of 5 years. c. On 17 October 2013, he was recorded as “Present for Duty to Absent Without Leave, effective 0630 hours, 16 October 2013.” d. On 15 November 2013, he was recorded as “Absent Without Leave (AWOL) to Dropped From Rolls (DFR), effective 0630 hours, 15 November 2013.” e. Charges were preferred on 19 November 2013 for one specification of desertion and one specification of absent without leave. f. On 7 June 2019, he was recorded as “Dropped From Rolls (DFR) to Present for Duty (PDY) effective… 31 May 2019.” g. Separation Orders 123-1328, dated 3 May 2022, discharged the applicant from active duty with an effective date of 6 May 2022. h. On 6 May 2022, he was discharged from active duty with a dishonorable characterization of service. His DD Form 214 shows he completed 2 years, 4 months, and 22 days of active service this period. It also shows 1 year, 2 months, and 14 days of total prior active service, and 1 year, 9 months, and 5 days of total prior inactive service. Block 29 (Dates of Time Lost During This Period) shows two periods of lost time from 20131016 – 20190529 and 20190530 – 20220506. He was assigned separation code JJD and the narrative reason for separation listed as “Court-Martial (Other).” It also shows he was awarded or authorized: * USMC Reserve Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Humanitarian Service Medal * Army Service Medal * Armed Forces Reserve Medal with M Device * USN Sea Service Deployment Ribbon * Parachutist Badge * Expert Marksmanship Badge with Rifle Bar 5. 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. a. Block 12a (Date Entered Active Duty This Period), data sources are enlistment contract(s), initial order to active duty, active-duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. b. Block 12b (Separation Date This Period), list the Soldier’s transition date. This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government. c. Block 12c (Net Active Service This Period) amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted. Lost time will be listed in block 29; other noncreditable time will be identified in block 18. If Soldier was released from active duty because of voided enlistment, enter “00 00 00.” d. Block 12d (Total Prior Active Service) calculated from previously issued DD Form 214, DD Form 220, DA Form 1506, or Retirement Point Annual Statement, enter total amount of prior active military service less lost time, if any. If not applicable, enter “00 00 00.” 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. Upon review of the applicant’s petition, available military records, the Board determined the applicant’s prior period of service in the Marines is already reflected on his DD Form 214 under block 12d (Total Prior Active Service). Based on the applicant’s record, the Board found no error that merits correction to his DD Form 214 to include over 4 years of service credit for his prior service in the United States Marine Corps (USMC).. Therefore, the Board denied relief 2. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214, a summary of a specific period of active-duty service. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-8 (Separations Processing and Documents), currently in effect, states 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. a. Block 12a (Date Entered Active Duty This Period), data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. b. Block 12b (Separation Date This Period), list the Soldier’s transition date. This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government. c. Block 12c (Net Active Service This Period) amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted. Lost time will be listed in block 29; other noncreditable time will be identified in block 18. If Soldier was released from active duty because of voided enlistment, enter “00 00 00.” d. Block 12d (Total Prior Active Service) calculated from previously issued DD Form 214, DD Form 220, DA Form 1506, or Retirement Point Annual Statement, enter total amount of prior active military service less lost time, if any. If not applicable, enter “00 00 00.” //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004976 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1