IN THE CASE OF:	  

		BOARD DATE:	  18 August 2009

		DOCKET NUMBER:  AR20090007646 


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) for the period ending 14 August 1998 to show the correct entries in item 12a (Date Entered Active Duty This Period), item 12c (Net Active Service This Period), and item 12d (Total Prior Active Service).

2.  The applicant states, in effect, he received a DD Form 214 for his initial enlistment in the Army Reserve in 1989.  He continues that he entered the Regular Army in 1992 and separated in 1998 and that the person who completed his DD Form 214 for the period ending 14 August 1998 combined his Army Reserve initial entry training in 1989 with his Regular Army service.  He concludes that he is on active duty again and cannot update his records or receive correct pay until this error is corrected.  Also, this error affects his promotion status.

3.  The applicant provides a DD Form 214 for the period ending 5 December 1989 and a DD Form 214 for the period ending 14 August 1998.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 23 September 1992 and served until he was honorably released from active duty on 14 August 1998.  He is currently serving on active duty as a member of the Alabama Army National Guard in the rank of first lieutenant.

2.  The applicant's DD Form 214 for the period ending 5 December 1989 shows he entered active duty for training (ADT) on 2 August 1989 and was released from ADT on 5 December 1989 for a total of 4 months and 4 days of active duty service.  Item 12e (Total Prior Inactive Service) shows he had 10 months and 6 days of prior inactive service.

3.  A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 23 September 1992.

4.  Item 12a of the applicant's DD Form 214 for the period ending 14 August 1998 shows he entered active duty on 18 May 1992.  Item 12c shows he completed 6 years, 2 months, and 27 days of active service; item 12d is blank; and item 12e is also blank.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  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.

6.  Army Regulation 635-5 states, in pertinent part, that item 12a will be completed to show the beginning date of the continuous period of active duty service for which a DD Form 214 was not previously issued.  Item 12c will be completed to show the amount of service computed by subtracting item 12a from 12b.  Item 12d will be completed to show the amount of prior active military service and item 12e will be completed to show the amount of prior inactive military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that there are errors on his DD Form 214 for the period ending 14 August 1998 has been carefully reviewed and found to have merit.

2.  The evidence shows the applicant enlisted in the Regular Army on 23 September 1992 and entered active duty on the same date.  However, item 12a of his DD Form 214 shows he entered active duty on 18 May 1992.

3.  Item 12c was completed in error based on the incorrect date of the applicant's entry on active duty (18 May 1992) that was entered in item 12a.  The correct amount of the applicant's active duty service is 5 years, 10 months, and 23 days.
4.  Items 12d and 12e are blank; however, the evidence shows the applicant had 4 months and 4 days of total prior active service and 3 years, 7 months, and 23 days of total prior inactive service.

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  amending item 12a of his DD Form 214 for the period ending 14 August 1998 to show he entered active duty on 23 September 1992;

	b.  amending item 12c of his DD Form 214 for the period ending 14 August 1998 to show he completed 5 years, 10 months, and 23 days of net active service during this period;

	c.  amending item 12d of his DD Form 214 for the period ending 14 August 1998to show 4 months and 4 days of total prior active service; and

	d.  amending item 12e to show 3 years, 7 months, and 23 days of total prior inactive service.



      ____________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)                                         AR20090007646



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ABCMR Record of Proceedings (cont)                                         AR20090007646



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