Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060010085C071029
Original file (20060010085C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2007
      DOCKET NUMBER:  AR20060010085


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 the entry date shown in Item
12a
(Entry Date This Period) of his 20 February 1987 separation document (DD
Form 214) be corrected to show the year of entry was 1983 instead of 1984,
as is currently listed.

2.  The applicant states, in effect, that he entered active duty in 1983
and not 1984, as is indicated in Item 12a of the DD Form 214 in question.
He claims this is supported by the military education entry in Item 14
(Military Education) of the same form, which shows he completed the 10-week
medical specialist course in March 1984.

3.  The applicant provides the following documents in support of his
application:  Personnel Qualification Record (DA Form 2A), dated 18 October
1985; Enlistment Contract (DD Form 4/1,4/2 and 4/3); Verification of
Personnel Data (DD Form 1966/1-/8); Statements of Enlistment (DA Forms 3286-
40 and 3280-5); Military Entrance Processing Station (MEPS) Travel Orders
196-5, dated 30 September 2003; Dental Treatment Record (SF 608); Permanent
Change of Station (PCS) Orders, dated 23 February 1984; Certificate of
Training-Basic Combat Training (BCT); PCS Orders, dated 23 February 2004;
Military Personnel Office (MILPO)/Finance Office Verification (DA Form
4188); and Promotion Waiver Personnel Action (DA Form 4187), dated 18 June
1984; and Report of Separation and Record of Service (NGB Form 22); DD Form
214; and Congressional Inquiry.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains an enlistment contract that shows the
applicant initially enlisted in the Delayed Entry Program of the United
States Army Reserve (USAR) on 30 September 1983, and that he enlisted in
the Regular Army and entered active duty on 30 September 1983.

2.  MEPS Portland, Oregon, Travel Order Number 196-5, dated 30 September
1983, authorized the applicant's assignment to active duty and travel to
Fort McClellan, Alabama.

3.  A Certificate of Training issued by Headquarters, 1st Battalion, Basic
Training, Training Brigade, United States Army Chemical and Military Police
Centers (USACMPC) & Fort McClellan, confirms the applicant attended BCT
from
14 October 1983 through 7 December 1984, at which time he successfully
completed the course.
4.  USACMOPC Orders 229-138, dated 28 November 1983, authorized the
applicant's PCS to Fort Sam Houston, Texas, to attend the advanced
individual training (AIT) in military occupational specialty (MOS) 91B
(Medical Specialist) with a report date of 9 December 1983.

5.  An Academy of Health Sciences Diploma, dated 15 March 1984, confirms
the applicant successfully completed the combat medical specialist course
in MOS 91B on that date.

6.  Headquarters, Fort Sam Houston Orders Number 37-67, dated 23 February
1984, authorized the applicant's PCS to Fort Ord, California, with a report
date of 30 March 1984.

7.  A MILPO/Finance Office Verification form, which was prepared on 19
March 1984, reviewed on 22 March 1984, and edited on 9 May 1984, confirms
the applicant's Pay Entry Basic Date (PEBD) was 29 September 1983, and that
his Basic Active Service Date (BASD) was 30 September 1983.

8.  Item 12a of the DD Form 214 issued to the applicant on 20 February
1987, lists his entry date as 30 September 1984.  Item 12b (Separation Date
This Period) shows he was separated on 20 February 1987, and Item 12c (Net
Active Service This Period) shows he completed 2 years, 4 months, and 11
days of active duty service during the period covered by the DD Form 214.

9.  An Army National Guard (ARNG) Retirement Points History Statement,
dated 17 June 2004, shows the applicant completed a total of 19 years of
qualifying service for non-regular retirement at age 60 as of 17 June 2004.


10.  A NGB Form 22 issued to the applicant on 4 June 2005, shows he
completed 11 years, 5 months, and 27 days of ARNG service from 8 December
1993 through 4 June 2005, at which time he was honorably discharged and
transferred to the United States Army Reserve (USAR) Control Group (Retired
Reserve) based on a medical disqualification.  The NGB Form 22 shows he
completed a total of 9 years and 29 days of prior active duty service, 20
years, 8 months, and 6 days for pay purposes, and 19 years of total service
for retired pay.

11.  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.  Chapter 2
contains instructions for preparation of the DD Form 214.  The instructions
for Item 12a state to enter the beginning date of the continuous period of
active duty for issuance of this DD Form 214, for which a DD Form 214 was
not previously issued.  The instructions for Item 12c (Net Active Service
This Period) states to enter the amount of service this period, computed by
subtracting item 12a from 12b (Separation Date This Period).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the date of entry on his 20 February
1987
DD Form 214 is incorrect was carefully considered and found to have merit.
By regulation, Item 12a of the DD Form 214 will contain the beginning date
of the continuous period of active duty for which a DD Form 214 was not
previously issued.

2.  The evidence of record confirms the applicant initially enlisted in the
Regular Army and entered active duty on 30 September 1983, and that he
continuously served for 3 years, 4 months, and 21 days until being
honorably released from active duty (REFRAD) on 20 February 1987.

3.  In view of the facts of this case, it would be appropriate to amend his

20 February 1987 DD Form 214 by deleting the current entry in Item 12a and
replacing it with an entry that shows the applicant entered active duty on
the period covered by the DD Form 214 on 30 September 1983.  Item 12c
should be corrected by deleting the current entry and by replacing it with
an entry that shows the applicant completed 3 years, 4 months and 21 days
of active duty service during the period covered by the DD Form 214 (30
September 1983-
20 February 1987).

4.  It would also be appropriate to adjust the applicant's ARNG Retirement
Points History Statement and NGB Form 22 based on the changes to his DD
Form 214 outlined in the preceding paragraph.

BOARD VOTE:

___LDS _  __JTM __  __RSV__  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all the Department of the Army records of the individual concerned be
corrected by:

      a.  amending his 20 February 1987 DD  Form 214 by deleting the
current entry in Item 12a and replacing it with the entry "83  09  30";

      b.  deleting the current entry in Item 12c and replacing it with the
entry
"03  04  21"; and

      c.  providing him a correction to his separation document that
includes these changes.

2.  The Board also recommends that the state Army National Guard records of
the individual concerned be corrected by amending the individual’s Army
National Guard Retirement Points History Statement and NGB Form 22, dated
4 June 2005, based on the corrections to his DD Form 214 outlined in the
preceding paragraph.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010085                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/06/04                              |
|DISCHARGE AUTHORITY     |NGR 600-200                             |
|DISCHARGE REASON        |Med Disqual                             |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2015 | 20150003124

    Original file (20150003124 .txt) Auto-classification: Approved

    A 23 February 1996 DD Form 214 shows active duty service (Active Guard/Reserve status) from 1 April 1984 through 23 February 1996. With a change of component (from Title 10 service to Title 32 service) on 23 February 1996 and again on 8 November 2004, the applicant was properly issued a DD Form 214. His item 12 service calculations on the 30 April 2007 DD Form 214 should be consistent with the entries from his earlier DD Form 214 as follows at – * (carried forward from 2004 DD Form 214)...

  • ARMY | BCMR | CY2008 | 20080011998

    Original file (20080011998.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that Item 12b (Separation Date This Period) and Item 12c (Net Active Service This Period) of his separation document (DD Form 214) be corrected. Therefore, it would be appropriate to correct Item 12a and Item 12c of the DD Form 214 accordingly.

  • ARMY | BCMR | CY2011 | 20110003023

    Original file (20110003023.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 1999 to show in: * Item 12a (Date entered AD this period) the entry 1989 02 09 instead of 1986 02 09 * Item 12c (Net Active Service this period) the entry 0009 11 18 instead of 0012 11 18 * Item 12d (Total Prior Active Service) the entry 0003 00 00 instead of 0003 03 00 2. The applicant provides: * DD Forms 4/1 (Enlistment/Reenlistment Document)...

  • ARMY | BCMR | CY2013 | 20130002381

    Original file (20130002381.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 February 2011. The applicant states: * this DD Form 214 shows he entered the service on 3 November 1987 and separated on 3 February 2011 * the date of entry is incorrect * he was born on 18 December 1972 * if he had entered the service on the date listed on this DD Form 214, he would have been 14...

  • ARMY | BCMR | CY2001 | 2001065707C070421

    Original file (2001065707C070421.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his record be corrected to show the correct date he entered active duty and his correct separation date; and that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). Paragraph 1-4b(5), states in effect, that the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. Given this regulatory guidance, and based on the fact the applicant was not issued...

  • ARMY | BCMR | CY2009 | 20090013165

    Original file (20090013165.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 28 January 2010 DOCKET NUMBER: AR20090013165 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 12a of the DD Form 214 that he was furnished at the time of his discharge shows his date entered on active duty this period as 29 June 1980 and item 12b shows his separation date this period as 7 May 1989. ____________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...

  • ARMY | BCMR | CY2009 | 20090013157

    Original file (20090013157.txt) Auto-classification: Approved

    The applicant requests correction of item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and issuance of an Honorable Discharge Certificate. In this case, the evidence of record confirms the applicant entered active duty on 29 December 1981 and was REFRAD on 11 December 1984, which is a total of 2 years, 11 months, and 13 days. The evidence of record further shows that an Honorable Discharge Certificate was mailed to the...

  • ARMY | BCMR | CY2009 | 20090014526

    Original file (20090014526.txt) Auto-classification: Approved

    The applicant provides the following documents in support of his application: * DA Form 1506 (Statement of Service), dated 7 August 2009 * Release from active duty (REFRAD) and Retirement Orders * DD Form 214 dated 31 August 2003 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) dated 17 February 1987 * DD Form 214 dated 3 December 1986 * United States Air Force (USAF) Enlistment/Active Duty Orders dated 15 March 1983 * DD Form 4 (Enlistment/Reenlistment...

  • ARMY | BCMR | CY2010 | 20100012904

    Original file (20100012904.txt) Auto-classification: Approved

    The applicant states his retirement orders were amended to show completion of the contested period of active service. His DD Form 214 shows the following entries: * Item 12a (Date Entered Active Duty This Period), "1986 09 04" * Item 12b (Separation Date This Period), "2007 09 30" * Item 12c (Net Active Service This Period), "20 06 05" * Item 12d (Total Prior Active Service), "000 04 01" * Item 12e (Total Prior Inactive Service), "000 08 22" 7. Item 12 shows the Record of Service.

  • ARMY | BCMR | CY2012 | 20120021857

    Original file (20120021857.txt) Auto-classification: Approved

    The Soldier must retire on the approved retirement date. Army Regulation 600-8-22 (Military Awards) states: a. Second, the approval authority for Soldiers who request retirement in lieu of PCS is the Commander, HRC.