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ARMY | BCMR | CY2006 | 20060008957C070205
Original file (20060008957C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 January 2007
      DOCKET NUMBER:  AR20060008957


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Ms. Ernestine I Fields            |     |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, correction of the date he entered
active duty that is shown on his discharge document.

2.  The applicant states, in effect, that he entered active duty for
training (ADT) on 16 August 2005; however, his discharge document shows
that he entered ADT on 16 September 2005.  The applicant also states, in
effect, that this error has had an adverse impact on his eligibility for a
Non-Prior Service Enlistment Bonus that required him to report for duty on
16 August 2005.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 3
February 2006; Department of Defense (DoD), Military Entrance Processing
Station (MEPS), West Des Moines, Iowa, Orders 5210002, dated 29 July 2005;
and Defense Joint Military Pay System - Reserve Component (DJMS-RC), Master
Military Pay Account (MMPA), dated 24 April 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records contain a DD Form 4
(Enlistment Contract - Armed Forces of the United States).  This document
shows that the applicant enlisted in the Army Reserve for a period of 8
years on 29 July 2005.

2.  The applicant's military records contain a Certificate and
Acknowledgment, United States Army Reserve Service Requirements and Methods
of Fulfillment (Reserves Annex), dated 29 July 2005.  This document is an
enclosure to the applicant's enlistment contract (i.e., DD Form 4) and
shows in Section IV (Service Obligation) that the applicant enlisted for,
in pertinent part, the "Non Prior Service Enlistment Bonus $7000 Ship"
program and acknowledged that "I will report back to MEPS on:  16 Aug
2005."

3.  The applicant's military service records contain a copy of DoD, MEPS,
West Des Moines, Iowa, Orders 5210002, dated 29 July 2005.  This document
shows, in pertinent part, that the applicant was ordered to report to the
120th Adjutant General Battalion (Reception), Fort Jackson, South Carolina
for initial active duty for training (IADT) on 16 August 2005.

4.  The applicant's military service records contain a copy of his DD Form
214, with an effective date of 3 February 2006.  Item 12 (Record of
Service), Block a (Date Entered AD (Active Duty) This Period) of the DD
Form 214 contains the entry "2005 09 16" (i.e., 16 September 2005); Block b
(Separation Date This Period) contains the entry "2006 02 03" (i.e., 3
February 2006); Block c (Net Active Service This Period) contains the entry
"0000 09 18" (i.e., 9 months and 18 days); Block d (Total Prior Active
Service) contains the entry "0000 00 00" (i.e., no prior active service);
and Block e (Total Prior Inactive Service) contains the entry "0000 00 17"
(i.e., 17 days).  In addition, Item 18 (Remarks) contains the entry "MEMBER
HAS COMPLETED FIRST FULL TERM OF SERVICE/ /NOTHING FOLLOWS" and Item 29
(Dates of Time Lost During This Period) contains the entry "NONE".  This
document also shows that the applicant was honorably released from active
duty training based upon completion of required active service.

5.  In support of his application, the applicant provides a copy of his DD
Form 214, with an effective date of 3 February 2006; DoD, MEPS, West Des
Moines, Iowa, Orders 5210002, dated 29 July 2005; and DJMS-RC, MMPA, dated
24 April 2006.  The DoD, MEPS Orders, in pertinent part, provide evidence
that the applicant was ordered to IADT on 16 August 2005.  The DJMS-RC,
MMPA, provides evidence that the applicant's date of gain (DOG) for active
duty (AD) pay was 16 August 2005.  This document also shows, in pertinent
part, that the applicant was in an active duty pay status from 16 August
2005 through
3 February 2006.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Enlisted/Officer Record Brief
(ERB/ORB), separation approval authority documentation or order, or any
other document authorized for filing in the Official Military Personnel
File (OMPF).

7.  Paragraph 2-4 (Completing the DD Form 214) of the separation documents
regulation, contains item-by-item instructions for completing the DD Form
214.  The instructions for Item 12 (Record of Service), specify, in
pertinent part, for Block a (Date Entered AD This Period) enter the
beginning date of the continuous period of AD for issuance of this DD Form
214; Block b (Separation Date This Period) enter the Soldier's transition
date; Block c (Net Active Service This Period) enter the amount of service
this period, computed by subtracting Item 12a from Item 12b (lost time
under 10 United States Code 972 and non-creditable time after expiration of
term of service, if any, are deducted) and also instructs to enter double
digit zeroes in the year, month, and day blocks); for Block d (Total Prior
Active Service) enter the total amount of prior active military service,
less time lost, if any; and Block e (Total Prior Inactive Service) enter
the total amount of prior inactive military service, less time lost, if
any.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the date of entry on his DD
Form 214 (i.e., 16 September 2005) is in error and should be corrected
because he reported for IADT on 16 August 2005 and this administrative
error has had an adverse impact on his eligibility for a Non-Prior Service
Enlistment Bonus.

2.  The applicant's DD Form 214 shows, in pertinent part, that he entered
active duty this period on 16 September 2005, was separated on 3 February
2006, and that he completed 9 months and 18 days net active service during
this period.  However, the net active service credited does not equate to
the period of service covered by the DD Form 214.  In fact, if the service
dates (i.e., the date entered active duty this period and separation date
this period) shown on the DD Form 214 are correct, the applicant should be
credited with completing only 4 months and 18 days net active service.

3.  The evidence of record shows that the applicant was required to report
for IADT on 16 August 2005.  This required report date was annotated in an
annex to the applicant's enlistment contract and in the IADT orders that
were issued to him on 29 July 2005.  There is no evidence of record to show
that the applicant failed to report for IADT on 16 August 2005.  In fact,
Item 12, Block e, of the applicant's DD Form 214, shows that he had 17 days
of total prior inactive service.  In effect, this entry supports the
applicant's claim that he entered active duty for training on 16 August
2005 (i.e., that the applicant was in an inactive duty status from 29 July
2006 through 15 August 2005).  Moreover, the applicant's pay account
provides evidence that he was on active duty from
16 August 2005 through 3 February 2006.  Therefore, based on the evidence
of record, the applicant is entitled to correction of his DD Form 214 to
show that he entered active duty on 16 August 2005.  As a result of this
correction, the applicant's net active service for this period must also be
corrected to show that he completed 5 months and 18 days net active service
during the period covered by the DD Form 214.  Therefore, based on the
foregoing, Item 12, Blocks a
and c, of the applicant's DD Form 214, with an effective date of 3 February
2006, should be corrected.

BOARD VOTE:

___KLW_  ___LWR_  ___EIF __  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 the following corrections to the applicant's DD Form 214, with an
effective date of 3 February 2006:

      a.  Item 12, Block a.  Date Entered AD This Period
                    Delete:   "2005  09  16"
                    Add:      "2005  08  16"

      b.  Item 12, Block c.   Net Active Service This Period
                    Delete:   "0000  09  18"
                    Add:          "00  05  18"




                                        _Kenneth L. Wright___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008957                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20060203                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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