RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2008 DOCKET NUMBER: AR20080000051 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that item 12a (Date Entered AD (active duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 November 2007 be corrected to show he entered active duty on 2 November 2004 and, in effect, that item 12c (Net Active Service This Period) be corrected to show he completed 3 years of service. 2. The applicant states that he initially enlisted in the Army National Guard (ARNG) and, after completing his basic and advanced individual training, he decided to enlist in the Regular Army. 3. The applicant provides his ARNG enlistment contract and his initial active duty for training (IADT) orders. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the ARNG on 2 November 2004. His IADT orders show he reported to the Reception Battalion, Fort Jackson, SC on 1 November 2004 and was released to inactive duty on 6 May 2005. There is no evidence of record to show he was issued a DD Form 214 for the period ending 6 May 2005. 2. On 6 July 2005, the applicant was discharged from the ARNG and as a Reserve of the Army to enlist in the Regular Army. 3. On 7 July 2005, the applicant enlisted in the Regular Army. On 3 November 2007, the applicant was discharged from the Regular Army. Item 12a of his DD Form 214 for the period ending 2 November 2007 shows he entered active duty on 7 July 2005. Item 12c show he completed 2 years, 3 months, and 14 days of net active service that period. 4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. 5. Army Regulation 635-5 states a DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more of continuous ADT and for Reserve Component Soldiers completing IADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days. 6. Army Regulation 635-5 states that, once issued, the DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, a statement of service or transcript of military record will be issued. 7. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the Army Board for Correction of Military Records (ABCMR). In pertinent part, it states the ABCMR begins its consideration of each case with the presumption of regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant should have been issued a DD Form 214 when he was released from IADT on 6 May 2005. The DD Form 214 is meant to be a synopsis of the Soldier’s most recent period of continuous active duty; therefore, item 12a of that DD Form 214 would have shown that he entered active duty on 17 November 2004, the date he arrived at the Fort Jackson Reception Battalion to begin IADT, and not 2 November 2004, the date he enlisted in the ARNG. 2. There is no evidence of record to show that the applicant was issued a DD Form 214 upon the completion of his IADT. On the other hand, neither is there evidence of record to show that a DD Form 214 was not prepared; therefore, administrative regularity must be presumed. That is, in the absence of evidence to the contrary it must be presumed that a DD Form 214 was issued and has been lost. 3. Therefore, the applicant’s DD Form 214 for the period ending 6 May 2005 cannot be reissued per regulatory guidance. However, a transcript of military record should be issued to him. 4. The evidence of record shows that the applicant did not have continuous active duty. He was released from IADT on 6 May 2005 and did not enlist in the Regular Army until 7 July 2005. Again, the DD Form 214 is meant to be a synopsis of the Soldier’s most recent period of continuous active duty. 5. Therefore, item 12a of the applicant’s DD Form 214 for the period ending 2 November 2007 is correct and item 12e is properly computed using a date of entry of 7 July 2005. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __XXX___ __XXX___ __XXX_ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing to him a military transcript for his initial active duty for training during the period 17 November 2004 through 6 May 2005. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting items 12a or 12c of his DD Form 214 for the period ending 2 November 2007. __XXXX____ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20080000051 4 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET, 2ND FLOOR ARLINGTON, VA 22202-4508