IN THE CASE OF: BOARD DATE: 21 September 2023 DOCKET NUMBER: AR20230002634 APPLICANT REQUESTS: issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period February 2003 to December 2005. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) in lieu of 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 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: a. When he separated from his unit, his records were not sent to the Interactive Personnel Electronic Records Management System (iPERMS). He was investigated and cleared of wrongdoing. His unit commander and administrative staff maliciously and intentionally "lost" his records. He was on active duty for deployment to Iraq from approximately February 2003 to December 2005 (over 23 months). He was a reservist on active duty. He was not aware he did not have a DD Form 214 for this period until recently when retiring from the fire department. b. He was mobilized as a reservist and left his employment as a firefighter. He spent nearly two years on active duty and was discharged in 2005. He should have received a DD Form 214 for that period and the medals he was awarded. He needs the DD Form 214 to prove to his state’s retirement system that he served and to receive credit for that time. 3. The applicant was appointed as a Reserve Warrant Officer of the Army on 16 March 1988. He was promoted to chief warrant officer four with a date of rank of 31 May 2002. 4. The applicant's retirement information/points detail in the U.S. Army Human Resources Command (AHRC) Soldier Management System-Web Portal shows he was on active duty from 16 January 2003 to 30 June 2004. The applicant's active duty/mobilization orders are not available. 5. The applicant's record shows he served in Iraq, however, his dates of service in Iraq cannot be established based on the available records. 6. The applicant's records contain a DA Form 1059 (Service School Academic Evaluation Report), dated 13 April 2004, showing he attended the CH47D Instructor Pilot Course in a resident status. The form also shows the report covers the period 23 October 2003 through 24 March 2004 and the duration of the course was from 12 January to 24 March 2004. 7. During the processing of this case, a U.S. Army Criminal Investigation Command (CID) Report of Investigation (ROI), dated 8 June 2004, was obtained. The CID ROI shows the applicant was under investigation for occurrences in various locations in Iraq during the period 1 October - 24 November 2003 and in Fort Rucker, AL, on 8 December 2003. 8. Orders issued by AHRC on 8 June 2004 ordered the applicant to active duty for a period of 6 months with a reporting date of 1 July 2004 for the purpose of Uniform Code of Military Justice (UCMJ) processing. The additional instructions section of the orders contains the following entries: Relieved from Reserve Component assignment on the day preceding effective date of order. Individual will be retained on active duty in his or her current grade and is included in the active Army end strength. Special exception not to issue a DD Form 214 to Soldiers that are in [Title 10, U.S. Code, sections:] 12301, 12302 or 12304 status that revert to R.C.M [Rules for Courts- Martial] [rule] 202 status. A DD Form 214 will be issued upon completion of R.C.M. service. All previous active duty service prior to R.C.M. status will be accounted for in block 18 [Remarks] of the DD Form 214. Early release authorized. 9. The authority for the orders is shown as R.C.M. 202(c), Army Regulation 27-10 (Military Justice), chapter 21 (Military Justice Within the Reserve Components), and Army Regulation 135-200 (Active Duty for Missions, Projects, and Training for Reserve Component Soldiers), paragraph 7-4 (Reason for retention). 10. The applicant received a general officer memorandum of reprimand on 9 February 2005 for acts of misconduct while deployed to Iraq. 11. The applicant was transferred to the Retired Reserve effective 30 June 2011. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found the available evidence insufficient as a basis for issuing the applicant a DD Form 214 for the period in question. The Board noted ambiguity in dates and a lack of detail in the available service records to properly complete a DD Form 214 for the period in question. The Board determined issuing a DD Form 214 would not be appropriate in this case. 3. The Board found no evidence indicating the applicant attempted to obtain a DA Form 1569 (Transcript of Military Record) from the U.S. Army Human Resources Command. The applicant is encouraged to pursue this administrative remedy. 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) explains separation document preparation, distribution, and correction. It states: a. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clearcut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. A DD Form 214 will be issued to Reserve Components Soldiers completing 90 days or more days of continuous active duty. c. Do not issue DD Form 214 to replace copies of DD Forms 214 lost by the Soldier. If no DD Form 214 is available, issue a DA Form 1569 (Transcript of Military Record). 3. Army Regulation 27-10, chapter 21, paragraph 21-2 of the regulation in effect at the time states U.S. Army Reserve (USAR) Soldiers will be subject to the UCMJ whenever they are in a title 10, United States Code, duty status. Examples of such duty status are active duty; active duty for training; annual training; Active Guard/Reserve duty; and inactive duty training (IDT). 4. Army Regulation 135-200, paragraph 7-4 states Army National Guard and USAR Soldiers may be retained involuntarily on active duty or active duty for training for the purpose of completing an investigation initiated with a view to trial by court-martial up to the date of completion of the disciplinary action. 5. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002634 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1