RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20070000994 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Rose M. Lys

Member

Mr. James R. Hastie

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 his Certificates of Release or Discharge from Active Duty (DD Form 214) to show his total active and inactive service. 

2.  The applicant states, in effect, that his last DD Form 214 was not updated with complete data. 

3.  The applicant provides copies of his DD Forms 214 and assignment orders.

CONSIDERATION OF EVIDENCE:

1.  On 21 December 1970, the applicant enlisted in the United States Army Reserve for 8 years.  He subsequently enlisted in the Regular Army for 3 years on 29 January 1971.  He had completed 1 month and 9 days of inactive Reserve service. 

2.  On 15 December 1972, the applicant immediately reenlisted in the Regular Army and served on active duty until his honorable discharge on 11 December 1978.  He had attained the rank of sergeant, pay grade E5 and had completed 
5 years, 11 months, and 27 days of creditable active service during this period.  He also had completed 1 year, 10 months, and 17 days of prior active service for a total of 7 years, 10 months, and 14 days of active service.  His total service for pay was 7 years, 11 months, and 22 days.

3.  Item 18 (Record of Service) of the applicant’s DD Form 214 ending 
11 December 1978 contains mathematical errors causing the entries in Items 18b, 18c, 18d, and 18e to be short by 1 day. 

4.  There are no records available for review for the applicant's service from 
12 December 1978 to 4 May 2002.

5.  On 5 May 2002, the applicant was ordered to active duty in support of Operation Noble Eagle.  His component was the Army National Guard and he was assigned to Fort Lewis, Washington.  He did not serve in a designated danger pay area.  He was released from active duty and transferred to the 185th Infantry Regiment, Fresno, California, on 12 October 2002.  He had retained the rank of sergeant, pay grade E5 and had completed 5 months and 8 days of active duty.  


6.  Item 12 (Record of Service) of the applicant’s DD Form 214 ending 
12 October 2002 shows in Item 12d his total prior active service as 8 years, and 17 days; and in Item 18e his total prior inactive service as 10 years, 4 months, and 6 days.   

7.  On 21 October 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom and served in Kuwait and Iraq for 11 months and 
13 days from 22 December 2004 to 4 December 2005.  His component was the Army National Guard.  He was released from active duty on 26 December 2005 and transferred to 756th Transportation Company.  He had retained the rank of sergeant, pay grade E5, and had completed 1 year, 2 months and 6 days of creditable active duty.  

8.  Item 12 (Record of Service) of the applicant’s DD Form 214 ending 
26 December 2005 does not contain service entries in Items 12d (Total Prior Active Service) or in Item 12e (Total Prior Inactive Service).  Item 12f (Foreign Service) shows 11 months and 13 days.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant enlisted in the United States Army Reserve on 21 December 1970 and subsequently enlisted in the Regular Army on 29 January 1971.  He remained on active duty until his honorable discharge on 11 December 1978.  Therefore, his DD Form 214 ending 11 December 1978 should be corrected to show that he completed 1 year, 
10 months, and 17 days of prior active service; 7 years, 10 months, and 14 days of total active service; 1 month and 9 days of prior inactive duty; and had completed a total of 7 years, 11 months and 22 days for pay.

2.  The evidence of record clearly shows that the applicant served on active duty during the period from 5 May to 12 October 2002.  His DD Form 214 for this period of active duty shows that he had completed a total of 8 years and 17 days of prior active service and 10 years, 4 months, and 6 days of inactive service.  

3.  His subsequent DD Form 214 for the period from 21 October 2004 to 
26 December 2005 does not credit the applicant with any prior active or inactive service.  The evidence of record shows that he had completed no less than 
8 years and 17 days of active service; and no less than 10 years, 4 months and 
6 days of inactive service.  He may have had additional service during the period from 12 December 1978 to 4 May 2002; however, there are no available records to substantiate any such service.  His DD Form 214 ending 26 December 2005 should be corrected, based on available evidence, to show his prior active and inactive service as shown on his DD Form 214 ending 12 October 2002. 

BOARD VOTE:

__ JRH __  __JI ____  __RML _  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.  showing in Item 18b (Prior Active Duty) of his DD Form 214 ending on 11 December 1978: 1 year, 10 months, and 17 days;

b.  showing in Item 18c (Total Active Service) of his DD Form 214 ending on 11 December 1978: 7 years, 10 months, and 14 days;

c.  showing in Item 18d (Prior Inactive Service) of his DD Form 214 ending on 11 December 1978: 0 years, 1 month, and 9 days;

d. showing in Item 18e (Total Service for Pay) of his DD Form 214 ending on 11 December 1978: 7 years, 11 months, and 22 days;

e.  showing in Item 12d (Total Prior Active Service) of his DD Form 214 ending on 26 December 2005: 8 years and 17 days; and

f.  showing in Item 12e (Total Prior Inactive Service) of his DD Form 214 ending on 26 December 2005: 10 years, 4 months, and 6 days.




___ John Infante ___
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
 
DATE BOARDED
20070724 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
110.0000
2.

3.

4.

5.

6.