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ARMY | BCMR | CY2001 | 2001062725C070421
Original file (2001062725C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 March 2002
         DOCKET NUMBER: AR2001062725


         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.

Mr. Carl W. S. Chun Director
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Roger W. Able Member
Mr. Walter T. Morrison Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of item 12a (Date Entered Active Duty This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 22 January 1997 instead of 26 November 1995 and recomputation of his record of service dates. He also requests correction of item 12d (Total Prior Active Service) on his DD Form 214 to show the entry “00 00 00”.

3. The applicant states that his DD Form 214 shows he has 6½ years of service in the U.S. Army when he has only 5½ years of service. He claims that this error is preventing him from reenlisting into the U.S. Air Force.

4. In support of his application, the applicant submits two DD Forms 214, his DA Form 2-1 (Personnel Qualification Record), his DA Form 3286-59 (Statement for Enlistment), his DD Form 4/2 (Enlistment/Reenlistment Document), and his DA Form 1695-E (Oath of Extension of Enlistment).

5. The applicant’s military records show that he served in the U.S. Army Reserve (USAR) from 30 December 1991 through 22 January 1997. He enlisted in the Regular Army on 23 January 1997, completed training as an administrative specialist, and was assigned to Fort Leonard Wood, Missouri. The applicant was honorably discharged from active duty on 22 June 2001.

6. The applicant’s service personnel records contain two DD Forms 214. Item 12a of his DD Form 214 (with a separation date of 22 June 2001) shows he entered active duty on 26 November 1995 and completed 05 years, 06 months and 27 days of total active service.

7. The applicant’s DD Form 4/1 (Enlistment/Reenlistment Document) shows he enlisted in the Regular Army on 23 January 1997. His DA Form 2-1 also shows he enlisted in the Regular Army on 23 January 1997 in item 35 (Record of Assignments).

8. The applicant’s DD Form 214 (with a separation date of 22 June 2001) shows he completed 11 months and 22 days of total prior active service. Item 12e of this discharge document shows he completed 01 year, 06 months and 22 days of total prior inactive service.

9. The applicant’s DD Form 214 (with a separation date of 13 July 1994) shows he completed 11 months and 22 days active duty service this period. This discharge document also shows he completed 02 months and 05 days of total prior active service. Item 12e (Total Prior Inactive Service) of this discharge document shows he completed 01 year, 04 months and 16 days of total prior inactive service.

10. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that the record of service will be entered in item 12 of the DD Form 214.

CONCLUSIONS:

1. Notwithstanding the applicant’s request to correct his DD Form 214 to show he entered active duty on 22 January 1997, his Enlistment/Reenlistment Document (DD Form 4/1) and Personnel Qualification Record (DA Form 2-1) shows he enlisted in the Regular Army on 23 January 1997. Therefore, he is entitled to correction of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (with a separation date of 22 June 2001) to show he entered active duty on 23 January 1997.

2. Based on paragraph 1, above, the applicant is also entitled to correction of item 12c (Net Active Service This Period) of his DD Form 214 (with a separation date of 22 June 2001) to show he completed 04 years, 05 months and 00 days total active service.

3. The Board noted the applicant’s request that item 12d (Total Prior Active Service) of his DD Form 214 should be corrected to show the entry “00 00 00”. However, his DD Form 214 (with a separation date of 13 July 1994) shows he completed 11 months and 22 days active duty service and 02 months and 05 days total prior active service (a total of 01 year, 01 month and 27 days total prior active service). Therefore, there is no basis for amending item 12d of his DD Form 214 to show the entry “00 00 00”.

4. Based on the calculations in paragraph 3, above, the applicant is entitled to correction of item 12d of his DD Form 214 (with a separation date of 22 June 2001) to show he completed 01 year, 01 month and 27 days total prior active service.

5. The applicant’s DD Form 214 (with a separation date of 13 July 1994) shows he completed 01 year, 04 months and 16 days total prior inactive service. He also served a period of inactive service in the USAR from 14 July 1994 to 22 January 1997 (a total of 02 years, 06 months and 09 days).

6. Calculations show he completed 03 years, 10 months and 25 days total prior inactive service. Therefore, item 12e (Total Prior Inactive Service) of his DD Form 214 (with a separation date of 22 June 2001) will be amended to show he completed 03 years, 10 months and 25 days total prior inactive service.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by amending item 12a of the DD Form 214 (with a separation date of 22 June 2001) of the individual concerned to show the entry “1997 01 23”;

b. by amending item 12c of his DD Form 214 (with a separation date of 22 June 2001) to show the entry “04 05 00”;

c. by amending item 12d of his DD Form 214 (with a separation date of 22 June 2001) to show the entry “01 01 27”; and

d. by amending item 12e of his DD Form 214 (with a separation date of 22 June 2001) to show the entry “03 10 25.”

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JL______ RWA____ WTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON



INDEX

CASE ID AR2001062725
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020314
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 20010622
DISCHARGE AUTHORITY AR635-200,chapter 4
DISCHARGE REASON Completion of Required Active Service
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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