IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140008973
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 DD Form 214 (Certificate of Release or Discharge from Active Duty (AD)) to show the AD service he completed in support of Operation Safe Sky.
2. He states, in effect, that after the tragedy of 11 September 2001 he was placed on alert by his commanding officer during the middle of March 2002. However, he was never issued orders but only a certificate from the Federal Aviation Administration (FAA). His unit was placed at the security checkpoints to monitor and assist local police in their efforts to stop terrorism. After about a week or so into the deployment, the commander informed the battalion that their pay information incorrectly reflected "Active Duty for Training." However, the battalion was deployed under the authority of Title 10, U.S. Code and this administrative error would be corrected. He forgot about it after a time and was surprised to find out it was never fixed.
3. He provides an FAA Certificate dated 17 March 2002 and Leave and Earnings Statements for the period 3 April through 22 May 2002.
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 Florida Army National Guard (FLARNG) on
12 March 1997. A review of his Official Military Personnel File found:
a. A National Guard Bureau (NGB) Form 22 for the period 12 March 1997 through 21 August 2003, issued upon his expiration of active status. Item
18 (Remarks) of this form lists the following AD periods completed during the period:
* 9 July - 18 November 1998
* 15 March - 21 May 2003
b. An NGB Form 23B (Army National Guard Retirement Points History Statement), prepared on 17 June 2004 that shows during the period 14 April 2000 to 14 May 2002 the applicant's membership status was "B4 - Army National Guard Active Duty under Title 32 USC (U.S. Code), State Controlled."
3. He provides his pay records which show he completed active duty for training (ADT) during the period 21 March to 15 May 2002 (65 days). In addition, he provided a Completion Certificate for the National Guard Passenger Screening Checkpoint Training, issued by the U.S. Department of Transportation, FAA, dated 17 March 2002.
4. His record does not show that he was issued a DD Form 214 for AD service completed during the calendar year 2002.
5. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The separation document is to provide the individual with a complete and accurate documentary evidence of their military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. The DD Form 214 is not required for periods of less than 90 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show the AD service he completed in support of Operation Safe Sky.
2. The available evidence shows he completed ADT during the period
21 March to 15 May 2002; however, there is no evidence to confirm he was ordered to AD under the authority of Title 10 USC in support of Operation Safe Sky. Further, he was issued an NGB Form 22 covering the period in question and this form does not list any period of AD service completed during 2002.
3. The applicant should be aware that his record is void of a DD Form 214 for the period in question because regulatory guidance requires completion of
90 days of AD before a DD Form 214 will be issued.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20140008973
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ABCMR Record of Proceedings (cont) AR20140008973
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