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ARMY | BCMR | CY2001 | 2001064457C070421
Original file (2001064457C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 April 2002
         DOCKET NUMBER: AR2001064457


         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Donald P. Hupman Member
Mr. Raymond J. Wagner 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 AD This Period), item 12c (Net Active Service This Period), and item 12d (Total Prior Active Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 25 August 2001.

3. The applicant states that he entered active duty on 29 October 1997, instead of 4 July 1997, which affects item 12c and item 12d of his DD Form 214, dated 25 August 2001. In support of his application, he submits two DD Forms 214,
a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and several copies of his enlistment contract and orders.

4. The applicant’s military records show he enlisted in the US Army Reserve (USAR) on 31 May 1988. He was ordered to active duty for training (ADT) on 7 October 1988, and was released from ADT on 1 February 1989. He continued to serve in the USAR until he was honorably discharged on 3 November 1992, in order to reenlist.

5. He enlisted in the Wisconsin Army National Guard (WIARNG) on 4 November 1992, and continued to serve until he was honorably discharged on 28 October 1997. He enlisted in the Regular Army on 29 October 1997, and continued to serve until he was honorably discharged on 25 August 2001.

6. Item 5 (Date of Enlistment/Reenlistment) of the applicant’s DD Form 4/1 (Enlistment/Reenlistment Document) show the entry “971029” (29 October 1997).

7. Item 12a (Date entered AD This Period) of his DD Form 214, dated 25 August 2001, shows the entry “1997 07 04” (4 July 1997). Item 12c (Net Active Service This Period) of his DD Form 214, dated 25 August 2001, shows the entry “0004 01 22 (4 years, 1 month, and 22 days).”

8. Item 10a (Net Service this Period) of his NGB Form 22 shows the entry “04 11 25” (4 years, 11 months, and 25 days) and item 10c (Prior Active Federal Service) shows the entry “00 03 25” (0 year, 3 months, and 25 days).

9. Item 12d (Prior Inactive Service) of his DD Form 214, dated 25 August 2001, shows the entry “0005 03 20” (5 years, 3 months, and 20 days).








10. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that item 12a (Date Entered AD this Period) will be completed to show the beginning date of the continuous period of AD for issuance of the present DD Form 214, for which a DD Form 214 was not previously issued, item 12c (Net Active Service This Period) will be completed to show the amount of service, computed by subtracting item 12a (Date Entered AD This Period) from 12b (Separation Date This Period). Item 12d (Total Prior Active Service) will be completed to show the amount of prior active military service, less lost time, if any.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant entered AD on 29 October 1997, and that item 12a (Date Entered AD This Period) of his DD Form 214, dated 25 August 2001, is incorrect. Therefore, item 12a (Date Entered AD This Period) of his DD Form 214, dated 25 August 2001, should be corrected to show the entry “1997 10 29” (29 October 1997) instead of the entry “1997 07 04” (4 July 1997).

2. The Board notes that by changing 12a (Date Entered AD This Period) of the applicant’s DD Form 214, dated 25 August 2001, to show 29 October 1997, that
his net active service this period is incorrect. Therefore, item 12c (Net Active Service This Period) of his DD Form 214, dated 25 August 2001, should be changed to show the entry “0003 09 27” (3 years, 9 months, and 27 days) instead of the entry “0004 01 22” (4 years, 1 month, 22 days).

3. The Board notes on his NGB Form 22, that the total of item 10a (Net Service this Period – 4 years, 11 months, and 25 days) and item 10c (Prior Active Federal Service – 3 months and 25 days) equals 5 years, 3 months, and 20 days as is shown on his DD Form 214 (ending 25 August 2001) in item 12d (Total Prior Active Service). There is no basis for changing item 12d on his DD Form 214.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected:





a. by showing in item 12a (Date Entered AD This Period) of the applicant’s DD Form 214, dated 25 August 2001, the entry “1997 10 29”; and

b. by showing in item 12c (Net Active Service This Period) of the applicant’s DD Form 214, dated 25 August 2001, the entry “0003 06 27.”

BOARD VOTE:

__ro____ __dh___ ___rw___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2001064457
SUFFIX
RECON
DATE BOARDED 20020409
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 20010825
DISCHARGE AUTHORITY AR 635-200, C, 5
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021/303
2.
3.
4.
5.
6.

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