IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140008050 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show his active service dates for the periods 1 October 2005 through 11 July 2006 and 27 June 2007 through 25 June 2009.

2.  The applicant states he has copies of orders for the missing periods of active duty service.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 January 2003 through 22 March 2004
* DD Form 214 for the period 27 June 2007 through 16 December 2009
* Indiana Army National Guard Orders 275-307, dated 2 October 2005
* Indiana Army National Guard Orders 053-476, dated 22 February 2006
* U.S. Army Human Resources Command Orders A-05-611603, dated 12 May 2006
* U.S. Army Human Resources Command Orders A-05-611603A01, dated 4 April 2007
* Indiana Army National Guard Orders 178-308, dated 27 June 2007
* Indiana Army National Guard Orders 165-073, dated 13 June 2008

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Indiana Army National Guard on 22 September 2001.

3.  He was ordered to active duty for training on 9 April 2002.  He completed basic and advanced individual training and he was released from active duty for training to the control of the Indiana Army National Guard on 26 July 2002.  He completed 3 months and 18 days of active service during this period.

4.  Item 12c (Net Active Service This Period) of his DD Form 214 for the period ending 26 July 2002 shows he completed 3 months and 18 days of active service during this period and item 12d (Total Prior Active Service) shows no prior active service.

5.  He was ordered to active duty effective 2 January 2003 in support of Operation Enduring Freedom/Operation Iraqi Freedom.  He deployed to Kuwait/Iraq from 12 February 2003 to 11 February 2004.  He was released from active duty effective 22 March 2004.  He completed 1 year, 2 months, and 21 days of active service during this period.

6.  Item 12c of his DD Form 214 for the period ending 11 February 2004 shows he completed 1 year, 2 months, and 21 days of active service during this period and item 12d shows he completed 3 months and 12 days of prior active service (should read 3 months and 18 days).

7.  Indiana Army National Guard Orders 275-307, dated 2 October 2005, ordered him to active duty as a member of his Army National Guard unit for a period not to exceed 163 days effective 1 October 2005 in support of Operation Enduring Freedom (a projected ending date of 12 March 2006).

8.  Indiana Army National Guard Orders 053-476, dated 22 February 2006, amended Orders 275-307 to show his period of active duty as 1 October 2005 through 11 July 2006 by reason of extension of unit/cell for additional period of mobilization under the authority of Title 10, U.S. Code, section 12302.

9.  U.S. Army Human Resources Command Orders A-05-611603, dated 12 May 2006, ordered him to active duty for a period of 365 days including accumulated leave effective 12 July 2006 with an ending date of 11 July 2007 for the purpose of contingency operations – temporary tour of active duty (CO-TTAD) in support of Operation Enduring Freedom.

10.  U.S. Army Human Resources Command Orders A-05-611603A01, dated 4 April 2007, amended Orders A-05-611603 to show his period of active duty as 1 year including accumulated leave and the purpose as contingency operations – active duty for operational support (CO-ADOS) in support of Operation Enduring Freedom (a projected ending date of 11 July 2007).

11.  U.S. Army Human Resources Command Orders A-05-611603A02, dated 17 May 2007, further amended Orders A-05-611603 to show his period of active duty as 11 months and 16 days with an ending date of 27 June 2007.

12.  U.S. Army Human Resources Command Orders A-05-611603A03, dated 18 May 2007, further amended Orders A-05-611603 to show his period of active duty as 11 months and 15 days with an ending date of 26 June 2007.

13.  U.S. Army Human Resources Command Orders A-05-611603A04, dated 7 June 2007, further amended Orders A-05-611603 to show his period of active duty as 1 year and 15 days with an ending date of 26 July 2007.

14.  His records do not contain U.S. Army Human Resources Command orders further amending Orders A-05-611603 to reestablish an ending date of 26 June 2007.  His records also do not contain a DD Form 214 for the period 1 October 2005 through 26 June 2007.

15.  Indiana Army National Guard Orders 178-308, dated 27 June 2007, ordered him to active duty as a member of his Army National Guard unit for a period not to exceed 365 days effective 27 June 2007 in support of Operation Enduring Freedom.

16.  Indiana Army National Guard Orders 165-073, dated 13 June 2008, amended Orders 178-308, to show his period of active duty as 730 days from 27 June 2007 through 25 June 2009 under the authority of Title 10, U.S. Code, section 12302.

17.  U.S. Army Human Resources Command Orders A-06-917827, dated 22 June 2009, retained him on active duty for a period of 60 days to participate in the Reserve Component Warriors in Transition Medical Retention Processing Program for the purpose of medical evaluation effective 22 June 2009 with an ending date of 20 August 2009.

18.  U.S. Army Human Resources Command Orders A-06-917827A01, dated 11 August 2009, amended Orders A-06-917827 to show his period of active duty as 50 days with an ending date of 10 August 2009.

19.  U.S. Army Human Resources Command Orders A-08-922351, dated 11 August 2009, retained him on active duty for a period of 358 days to participate in the Reserve Component Warriors in Transition Medical Retention Processing Program for completion of medical care and treatment effective 11 August 2009 with an ending date of 3 August 2010.

20.  Headquarters, U.S. Army Garrison Command, Fort Knox, Orders 349-0192, dated 15 December 2009, released him from active duty not by reason of physical disability effective 16 December 2009.

21.  Item 12c of his DD Form 214 for the period ending 16 December 2009 shows he completed 2 years, 5 months, and 7 days of active service during this period after deducting 13 days of lost time from 4 through 16 December 2009 and item 12d shows he completed 1 year, 6 months and 9 days of prior active service.

22.  U.S. Army Human Resources Command Orders D-09-316489, dated 24 September 2013, honorably discharged him from the U.S. Army Reserve effective 24 September 2013.

23.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  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 instructions for item 12 (Record of Service) stated to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.

	a.  For item 12a (Date Entered Active Duty This Period), 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.

	b.  For item 12b (Separation Date This Period), enter the Soldier's transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the government.

	c.  For item 12c, enter the amount of service completed during this period, computed by subtracting item 12a from item 12b.  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after expiration term of service, if any, are deducted.

	d.  For item 12d, enter the total amount of prior active military service completed less lost time, if any, from previously-issued DD Forms 214.  If not applicable, enter "00  00  00."

	e.  For item 12e (Total Prior Inactive Service), enter the total amount of prior inactive service less lost time, if any, from previously-issued DD Forms 214 and/or the Soldier's Enlisted Record Brief.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 3 months and 18 days of active service during the period 9 April 2002 through 26 July 2002 and he was issued a DD Form 214 for this period.

2.  He competed 1 year, 2 months, and 21 days of active service during the period 2 January 2003 through 22 March 2004 and he was issued a DD Form 214 for this period.

3.  His records show he served continuously on active duty from 1 October 2005 through 16 December 2009 and accrued 13 days of lost time.  However, he was issued a DD Form 214 only covering the period 27 June 2007 through 16 December 2009.

4.  Therefore, his current DD Form 214 for the period ending 16 December 2009 should be voided in its entirety and he should be issued a replacement DD Form 214 covering the continuous period of active service from 1 October 2005 through 16 December 2009 showing the following entries in item 12:

* item 12a – "2005  10  01"
* item 12b – "2009  12  16"
* item 12c – "0004  02  03" (4 years, 2 months, and 16 days less 13 days of lost time)


* item 12d – "0001  06  09"
* item 12e – "0004  02  26"

BOARD VOTE:

____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:

	a.  voiding his current DD Form 214 for the period ending 16 December 2009 and

	b.  issuing him a replacement DD Form 214 covering the continuous period of active service from 1 October 2005 through 16 December 2009 showing the following entries in item 12:

* item 12a – "2005  10  01"
* item 12b – "2009  12  16"
* item 12c – "0004  02  03" (4 years, 2 months, and 16 days less 13 days of lost time)
* item 12d – "0001  06  09"
* item 12e – "0004  02  26"



      _______ _   _x______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20140008050



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ABCMR Record of Proceedings (cont)                                         AR20140008050



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