RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 February 2007
DOCKET NUMBER: AR20060008788
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, Item 12a (Date entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 28 October 2003 be corrected to read 1993 04 07 (1993 April 7) instead of 1995 10 05 (1995 October 5).
2. The applicant states, in effect, he initially entered active duty on 7 April 1993 and continued to serve until 28 October 2003. The applicant further states he has completed 10 years, 6 months, and 22 days of total active service.
3. The applicant provides a copy of his DD Form 214 and excerpts from his military personnel records.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he initially enlisted in the Regular Army on 7 April 1993 for a period of 3 years.
2. The applicant reenlisted on 5 October 1995 for a period of 3 years and he reenlisted again on 29 October 1997 for a period of 5 years. The applicant was retained in the service for 365 days for the convenience of the government.
3. On 28 October 2003, the applicant was discharged due to his completion of required service.
4. The applicants DD Form 214 contains the following entries:
a. Item 12a - 1995 10 05 (1995 October 05);
b. Item 12b (Separation Date This Period) - 2003 10 28 (2003 October 28);
c. Item 12c (Net Active Service This Period) - 0008 00 24 (8 years,
0 months, and 24 days); and
d. Item 12d (Total Prior Active Service) - 0002 05 28 (2 years, 5 months, and 28 days).
5. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. This regulation stated, in pertinent part, that effective 1 October 1979, DD Forms 214 would no longer be issued for enlisted members who are discharged for immediate reenlistments in the Regular Army and that all service would be continuous from the date the last DD Form 214 was issued.
6. Army Regulation 635-5, currently in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the beginning date of the continuous period of active duty (AD) for which the DD Form 214 is being issued be entered in Item 12a (Date Entered AD This Period) of the DD Form 214. This regulation also provided that the date of separation be entered in Item 12b (Separation Date This Period) and that the net service for the period shown would be computed by subtracting Item 12a from Item 12b and then deducting any lost time and non-creditable service after date of discharge.
7. Army Regulation 635-5, in pertinent part, directs that all service entered in
Item 12d will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant served in the Regular Army continuously since 7 April 1993. In accordance with Army Regulations a DD Form 214 would not have been issued when the applicant was discharged prior to his reenlistment on 5 October 1995. Therefore, the entry in Item 12a of the applicants DD Form 214 should read 1993 04 07 instead of 1995 10 05.
2. Based on the corrected date of entry on active duty and computation of the applicants active service during the period ending 28 October 2003, Item 12c of the applicants DD Form 214 should read 0010 06 22 (10 years, 6 months, and 22 days) instead of 0008 00 24.
3. There is no evidence to show the applicant had any active service prior to
7 April 1993. Therefore, Item 12d should read 0000 00 00 (0 years, 0 months, and 0 days) instead of 0002 05 28.
BOARD VOTE:
___lmd__ ___lcb __ ___tsk___ 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 to read 1993 04 07 instead of 1995 10 05;
b. amending Item 12c to read 0010 06 22 instead of 0008 00 24; and
c. amending Item 12d to read 0000 00 00 instead of 0002 05 28.
__________Ted S. Kanamine_____
CHAIRPERSON
INDEX
CASE ID
AR20060008788
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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