RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060004531


      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. Dean L. Turnbull              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |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, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected.  The applicant
requests correction to item 7a (Place of Entry into Active Duty), item 7b
(Home of Record At Time of Entry), item 11 (Primary Specialty – List
Number, Title and Years and Months in Specialty), item 12c (Record of
Service Net Active Service this Period), item  
12f (Record of Service Foreign Service), item 16 (Days Accrued Leave Paid),
item 18 (Remarks), item 19a (Mailing Address After Separation), and item  
19b (Nearest Relative).

2.  The applicant states, in effect, that item 7a should be New York MEPS,
Brooklyn, New York 11252; item 7b should be 21-27 41st Street, Apt 1A,
Astoria, New York 11105-3608; item 11 should be 2 YRS 5 MOS 24 DAYS; item
12c should be 2 YRS 9 MOS 24 DAYS; item 12f should be 2 YRS 9 MOS 24 DAYS;
item 16 should be 51 days; item 18 should be 2003/03/20 – 2006/01/14; item
 
19a should be 23-45, 38th St., Apt 21, Astoria, New York 11105; and item  
19b should be Setara Beglum, 458 Hillside Dr., South New York Park, New
York, New York 11040.

3.  The applicant provides:

     a.  a copy of his DD Form 214;

     b.  a copy of his DD Form 4/1 (Enlistment/Reenlistment Document Armed
Forces of the United States);

     c.  a copy of his DFAS Form 702 (Defense Finance Accounting Service
Military Leave and Earning Statement); and

     d.  a copy of his Enlisted Record Brief (ERB).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 January 2006, the date of his discharge from active duty.
The application submitted in this case is dated 16 March 2006.

2.  The applicant's records show that he entered active duty on 20 March
2003. He completed basic combat training and advance individual training
and was awarded the military occupational specialty 11B10 (Infantryman).
He was assigned as an Infantryman to a unit in Germany during the period 31
July  
2003 to 25 October 2005.  During that time, he served a period of temporary
duty in Iraq.

3.  The applicant's enlistment contract (DD Form 4/1) shows that on  
12 December 2002 he enlisted in the U.S. Army Reserve Control Group
(Delayed Entry Program) for a period of 8 years and 00 weeks at the pay
grade  
E-4.  This document also shows that he was scheduled to enter active duty
on  
20 March 2003 for a period of 3 years and 00 weeks.

4.  Item 7a (Place of Entry into Active Duty) of the applicant's DD Form  
214 shows the entry "Brooklyn, New York."

5.  Item 7b (Home of Record At Time of Entry) of the applicant's DD Form  
214 shows the entry 1438 30 Avenue, Astoria, New York 11103-0000.

6.  Item 11 (Primary Specialty – List number, Title and Years and Months in
Specialty) of the applicant's DD Form 214 shows the entry 2 YRS  
5 MOS//NOTHING FOLLOWS.

7.  The applicant was discharged on 14 January 2006.  Item 12c (Record of
Service Net Active Service This Period) of the applicant's DD Form 214
shows the entry "Year(s) 0002 Month(s) 0005 and Day(s) 0014."

8.  Item 12e (Record of Service Total Prior Inactive Service) of the
applicant's DD Form 214 shows the entry "Year(s) 0000 Month(s) 00 Days(s)
00."

9.  Item 12f (Record of Service Foreign Service) of the applicant's DD Form
 
214 shows the entry "Year(s) 0002 Month(s) 0005 Day(s) 0014."

10.  Item 16 (Days Accrued Leave Paid) of the applicant's DD Form 214 shows
the entry "56.5."  However, DFAS Form 702, shows that the applicant was
paid for 51.0 days of accrued leave.

11.  Item 18 (Remarks) of the applicant DD Form 214 shows the entry
"CONTINUOUS HONORABLE ACTIVE SERVICE:  2003/03/20 – 2005/12/20//."

12.  Item 19a (Mailing Address After Separation) of the applicant's DD Form
 
214 shows the entry "458 Hillside Drive, New Hide Park, New York 11040-
0000."

13.  Item 19b (Nearest Relative) of the applicant's DD Form 214 shows the
entry "Abu Uddin, 458 Hillside Drive, New Hide Park, New York 11040-0000."

14.  Paragraph 2-4h (7) (a) of Army Regulation 635-5 (Separation
Documents), states, the Soldier's initial enlistment contract or
appointment document is the source data for entry to the DD Form 214.  This
paragraph states that the city and state where the Soldier entered active
duty will be entered in item 7a (Place of Entry into Active Duty).
Paragraph 2-4h (7) (b), states that you enter the street, city, state and
zip code listed as the Soldier's home of record.  Home of record is the
place recorded as the home of record of the Soldier when commissioned,
appointed, enlisted or ordered to a tour of active duty.

15.  Paragraph 2-4h (11) of Army Regulation 635-5, states, in pertinent
part, that you enter from the ERB and Officer Record Brief (ORB) the titles
of all Military Occupational Specialty (MOS) or Area of Concentration (AOC)
served for at least 1 year and include for each MOS/AOC the number of years
and months served.  For time determination, 16 days or more count as a
month.  Do not count basic training and advanced individual training.

16.  Paragraph 2-4h (12) (c) of Army Regulation 635-5 states, in pertinent
part, that you enter the amount of service during the period covered by the
DD Form 214, by subtracting item 12a (Record of Service Date Entered Active
Duty this Period) from item 12b (Record of Service Separation Date This
period).  Any lost time under 10, USC 972 and non-creditable time after
Expiration Term of Service (ETS), if any, are deducted.  Such time will be
entered in item 18 (Remarks) of the DD Form 214.  If the Soldier is
released from active duty because of voided enlistment, enter "00 00 00."

17.  Paragraph 2-4h (12) (e) of Army Regulation 635-5 states, in pertinent
part, that DEP time that began on or after 1 January 1985 is not creditable
service for pay purposes and will not be entered in item 12e (Total Prior
Inactive Service) of the DD Form 214.  It is creditable service for
completing the statutory military service obligation, and will be entered
in item 18 (Remarks) of the DD Form 214.

18.  Paragraph 2-4h (12) (f) of Army Regulation 635-5 states, in pertinent
part, that you enter from the ERB/ORB the total amount of foreign service
completed during the period covered in item 12c (Net Active Service This
Period).

19.  Paragraph 2-4h (18) (c) of Army Regulation 635-5, states, in pertinent
part, that for enlisted Soldiers with more than one enlistment period
during the time covered by his DD Form 214, you may enter immediate
reenlistments during the period covered by the DD Form 214.  However, for
Soldiers who have previously reenlisted without being issued a DD Form 214
and are separated with any characterization of service except honorable,
enter "Continuous Honorable Active Service From" (first day of service
which DD Form 214 was not issued) until (date before commencement of
current enlistment).
20.  Army Regulation 635-5, established the standardized policy for
preparing and distributing the DD Form 214.  This regulation provides that
Item 19a of the DD Form 214 contains the permanent mailing address
furnished by the Soldier at the time of separation.  This same regulation
provides that Item 19b of the DD Form 214 contains the name and mailing
address of nearest relative, furnished by the Soldier at the time of
separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that item 7a and 7b, item 11, item
12c, 12e, 12f, item 16, item 18, and 19a and 19b of his DD Form 214 needs
to be corrected.

2.  His records show his place of entry into active duty as Brooklyn, New
York.  Therefore, he is not entitled to correction of his records in item
7a of the DD Form 214.

3.  The evidence of record shows that an error was made during the
preparation of the applicant's DD Form 214 in item 7b (Home of Record At
Time of Entry), which resulted in an incorrect home of record as 1438 30
Avenue, Astoria, New York 11103-0000.  Therefore, item 7b of the DD Form
214 should be corrected to show 2127 41st Street, Apt 1A, Astoria, New York
11105-3608.

4.  Army Regulation 635-5, paragraph 2-4h (11), states that you enter only
the number of years and months served while on active duty in the MOS or
AOC, and that 16 days or more you count as a month.  You do not count time
spent in basic combat training and advanced individual training.

5.  The applicant's records show that his first day he served on active
duty in his MOS was 2003 07 30 and his separation date was 2006 01 14.  As
such, item  
11 (Primary Specialty – List Number, Title and Years and Months in
Specialty),  
2 YRS 5 MOS, is correct.  Therefore, he is not entitled to correction of
item 11 of the DD Form 214.

6.  The evidence of record shows that an error was made during the
preparation of the applicant's DD Form 214 in item 12c (Record of Service
Net Active Service This Period) which resulted in an incorrect Net Active
Service shown as Years 0002, Months 0005, and Days 0014.  Therefore, item
12c of the DD Form  
214 should be corrected to show Year(s) 0002, Month(s) 0009, and Day(s)
0025.



7.  Item 12e of the DD Form 214 shows the entry Year(s) 0000 Month(s) 00
and Day(s) 00.  His records show his total prior inactive service as 3
months and  
9 days.  According to paragraph 2-4h (12) (e) of Army Regulation 635-5
states, in pertinent part, DEP time that began on or after 1 January 1985
is not creditable service for pay purposes and will not be entered in item
12e (Total Prior Inactive Service) of the DD Form 214.  It is creditable
service for completing the statutory military service obligation, and will
be entered in item 18 (Remarks) of the DD Form 214.  Therefore, item 18 of
the DD Form 214 should be corrected to show Delayed Entry Program 20021212
– 20030320, 3 months and 9 days.

8.  The evidence of record shows that an error was made during the
preparation of the applicant's DD Form 214 in item 12f (Foreign Service)
which resulted in an incorrect Foreign Service shown as Year(s) 0002,
Month(s) 0005, and Day(s) 0014.  Therefore, item 12f of the DD Form 214
should be corrected to show Foreign Service as Year(s) 0002, Month(s) 0002,
and Day(s) 0025.

9.  The evidence of record shows that an error was made during the
preparation of the applicant's DD Form 214 in item 16 (Days Accrued Leave
Paid) which resulted in an incorrect days accrued leave paid shown as 56.6.
 Therefore, item 16 of the DD Form 214 should be corrected to show 51.0.

10.  The evidence of record shows that the applicant did not have an
immediate reenlistment during the period covered by his DD Form 214.
Therefore, item  
18 of the DD Form 214 should be corrected by removing the entry "Continuous
Honorable Active Service: 2003/03/20 – 2005/12/20."

11.  The records show that the mailing address after separation and the
address for the nearest relative were provided by the applicant at the time
the DD Form 214 was being prepared.  Therefore, he is not entitled to
correction of his record in item 19a or 19b of the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jcr___  ___dwt __  ___rws__  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 all Department of the Army records of the individual concerned
be corrected by showing that item 7b (Home of Record At Time of Entry) of
the DD Form 214 is 2127 41st Street, Apt 1A, Astoria, New York 11105-3608;
item 12c (Net Active Service this Period) of the DD Form 214 is Year(s)
0002, Month(s) 0009, and Day(s) 0025; item 12f (Record of Service Foreign
Service) of the DD Form 214 is Years 0002, Months 0002, and Days 0025; in
item 16 (Days Accrued Leave Paid) of the DD Form 214 is 51.0; and in item
18 (Remarks) of the DD Form  
214 is Delayed Entry Program Year(s) 0000, Month(s) 0003, and Day(s) 
0009 and remove "Continuous Honorable Active Service: 2003/03/20 –
2005/12/20."

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
7a (Place of Entry into Active Duty), item 11 (Primary Specialty – List
Number, Title and Years and Months in Specialty), item 19a (Mailing Address
After Separation) and 19b (Nearest Relative) of the DD Form 214.




                                  ________Jeffrey C. Redmann________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004531                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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