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ARMY | BCMR | CY2006 | 20060002187C070205
Original file (20060002187C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 September 2006
      DOCKET NUMBER:   AR20060002187


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard Murphy                |     |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 his DD Form 214 (Certificate of Release for
Discharge From Active Duty), dated 27 August 2003, be corrected to reflect
all of his service.

2.  The applicant states that his DD Form 214 was corrected with a DD Form
215 on 18 August 2005; however, his DD Form 214 ending on 21 September 2001
was not present in his records and his service was not properly calculated.


3.  The applicant provides copies of his DD Forms 214 and NGB Forms 22,
dated 27 December 1996, 21 September 2001, 27 September 2002, and 27 August
2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve (USAR) under
the Delayed Entry Program (DEP) on 17 January 1989 and served in the DEP
until 13 February 1989.

2.  He enlisted in the Regular Army on 14 February 1989 and served until he
was honorably released from active duty (REFRAD) on 27 December 1996, due
to completion of required service.  He had served 7 years, 10 months, and
14 days of total active service.

3.  In connection with his REFRAD, the applicant enlisted in the USAR on
30 October 1996 for a period of 1 year.  Upon his REFRAD he was transferred
to a Troop Program Unit in Florida.  His contract expired on 20 October
1997, which amounted to 10 months and 29 days of inactive service for the
period of 28 December 1996 to 29 October 1997.

4.  On 28 September 1998, he enlisted in the Florida Army National Guard
(FLARNG) and subsequently transferred to the Tennessee Army National Guard
(TNARNG).  He was ordered to active duty for training (ADT) on 8 June 2001
and served until he was released from ADT on 21 September 2001 and was
returned to his TNARNG unit.  He had served 3 months and 14 days of active
service.  He remained in the TNARNG until he was honorably discharged from
the TNARNG on 27 September 2002.  He had served 3 years, 8 months, and
16 days of inactive service.

5.  On 3 October 2002, he enlisted in the TNARNG and on 10 February 2003,
he was ordered to active duty in support of Operation Enduring Freedom.
6.  On 27 August 2003, while at Fort Rucker, Alabama, he was honorably
discharged from the TNARNG due to being medically unfit.  He was also
released from active duty and was discharged from the USAR due to
disability with severance pay.  He was authorized 10% disability severance
pay based on 8 years, 9 months, and 7 days of active service.

7.  His DD Form 214 was subsequently amended by a DD Form 215 (Correction
to DD Form 214) on 18 August 2005 to show that he had 7 years, 10 months
and 14 days of prior active service and 4 years, 4 months and 7 days of
prior inactive service.

8.  The available records show the applicant performed service during the
following periods:

Component                              Period
Years, Months, Days

Regular Army (Active Duty) - 1989/02/14 - 1996/12/27       7       10
14

TNARNG  (ADT)                  -  2001/06/08 – 2001/09/21                3
     14

TNARNG (AD)                     -  2003/02/10  -  2003/08/27
6       18
                                      _____________
Total Active Service
     8         8       16


USAR (Inactive)                    -  1996/12/28 – 1997/10/29
10         1

TNARNG (Inactive)               -  1998/09/28 – 2001/06/07    2          8
     10

TNARNG (Inactive)               -   2001/09/22 – 2002/09/27   1
        6

TNARNG (inactive)                -  2002/10/03 – 2003/02/09
4         6

                  _______________
Total Inactive Service
      4        10       23

Total Prior Active Service as of 27 August 2003                   8
 1       28

Total Prior Inactive Service as of 27 August 2003                 4
10       23


9.  On 18 August 2005, a DD Form 215 was issued which changed the
applicant’s 27 August 2003 DD Form 214 to show that he had served 7 years,
10 months, and 14 days of total active service (Item 12d.) and 4 years, 4
months, and 7 days of total inactive service (item 12e).


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214, as amended, does not
reflect all of his active and inactive service has been noted and appears
to have merit.

2.  Based on the available evidence, it appears that the applicant’s 27
August 2003 DD Form 214 should reflect in item 12d that his prior active
service is 8 years, 1 month, and 28 days and that his prior inactive
service in item 12e should be 4 years, 10 months, and 14 days.

3.  Accordingly, it would be in the interest of justice at this time to
correct his DD Form 214 by issuing another DD Form 215 to further correct
his service and that he be paid any monies that result from this
adjustment/computation of service as it relates to his entitlement to
disability severance pay.

BOARD VOTE:

__EA__ _  ___RL___  ___RM__  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
showing in item 12d of his 27 August 2003 DD Form 214 that he had 8 years,
1 month, and 28 days of prior active service and in item 12e, that he had 4
years, 10 months, and 23 days of prior inactive service, and that he be
paid any monies that he may be entitled to as a result of this correction.


                                  ______Eric Anderson_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002187                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20030827                                |
|DISCHARGE AUTHORITY     |AR 635-40, Para 4-24B(3)                |
|DISCHARGE REASON        |DISABILITY SEVERANCE PAY                |
|BOARD DECISION          |(GRANT )                                |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/corr 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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