RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070005554 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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 correction of Item 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 17 March 2007, to reflect his prior active and inactive service.

2.  The applicant states, in effect, that his prior active and inactive service was not entered on his records upon his release from active duty after demobilization.

3.  The applicant provides copies of his DD Forms 214, dated 17 March 2007, 31 January 2004, and 6 February 1987, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he was enlisted in the Regular Army on 21 February 1984 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67V (Observation Scout Helicopter Repairer).  He was honorably released from active duty for reduction in Army authorized strength and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 6 February 1987.

2.  The DD Form 214 he was issued on 6 February 1987 shows the entry         “02 11 16” in Item 12c (Net Active Service this Period), indicating he completed 2 years, 11 months, and 16 days of active service and the entry “00 04 06” in Item 12e (Total Prior Inactive Service) indicating he completed 4 months and 6 days of inactive service.

3.  The applicant’s records further show that he enlisted in the California Army National Guard (CAARNG) on 13 August 1992 for a period of 3 years.  He subsequently executed a series of extensions and/reenlistments and remains today a member of the CAARNG.  He was promoted to staff sergeant (SSG)/E-6 on 10 June 2003.  He was ordered to active duty on 15 April 2004 and was honorably released on 31 January 2005.

4.  The DD Form 214 he was issued on 31 January 2005 shows the following entries:

	a.  Item 12c (Net Active Service this Period) shows “000 09 17” indicating he completed 9 months and 17 days of active military service.

	b.  Item 12d shows “0002 11 16” indicating he had completed 2 years, 11 months, and 16 days of prior active military service.

	c.  Item 12e shows the entry “0015 00 22” indicating he had completed 15 years and 22 days of prior inactive military service.

5.  The applicant’s records further show that he was ordered to active duty as a member of his CAARNG unit in support of Operation Iraqi Freedom on 25 January 2006.  He was honorably released on 17 March 2007.  

6.  The DD Form 214 he was issued on 17 March 2007 shows the following entries:

	a.  Item 12d, shows the entry “See Block Number 18.”

	b.  Item 12e, shows the entry “See Block Number 18.”

7.  Item 18 (Remarks) of the applicant’s DD Form 214, dated 17 March 2007, shows the entry “Item 12d above does not account for annual and/or weekend training this Soldier may have accomplished prior to the date entered in Item 12a.” 

8.  The applicant’s ARPC Form 249-2-E (Chronological Statement of Retirement Points) does not reveal any prior inactive service completed by the applicant.  

9.  In an advisory opinion obtained in the processing of this case, the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, recommended the applicant’s request be returned without action.  The Chief further stated that the applicant’s DD Form 214 by the CAARNG shows block 12d and 12e stating “See Block #18.”  For Block 18, it states that a DD Form 215 will be issued to provide missing information.  It states that Item 12d does not account for annual and/or weekend training the applicant may have accomplished prior to the date entered in Item 12a (Date Entered Active Duty This Period).  Following a search of the applicant’s Official Military Personnel File (OMPF) on the interactive Personnel Electronic Records Management System (iPERMS) website, no DD Form 215 was found.  If the applicant can provide documentation that he attempted to resolve the missing information through the CAARNG and was told that the DD Form 215 could not be completed, recommend the Army Board for Correction of Military Record (ABCMR) consider his request. 

10.  The applicant was provided a copy of the advisory opinion on 14 November 2007, but he did not respond.
11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

12.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12a reflects the date the Soldier entered active duty status; Item 12d reflects total prior active service (from previously issued DD Form 214) less lost time.  If not applicable, this Item will reflect “00 00 00.”  Item 12e reflects total prior inactive service (from previously issued DD Form 214 or the Enlisted/Officer Record Brief (ERB/ORB). Delayed Entry Program (DEP) time that began on or after 1 January 1985 is not creditable for pay purposes and will not be entered in this block.  However, it is creditable service for completing mandatory service obligations (MSO) and will be entered in Item 18 (Remarks) section of the DD Form 214.  Item 18 is used for mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant completed a total of 3 years, 9 months, and 3 days of prior active service (2 years, 11 months, and 16 days as reflected on his DD Form 214, dated 6 February 1987 and 9 months and 17 days as reflected on his DD Form 214, dated 31 January 2005) and that this period is not shown on his DD Form 214, dated 17 March 2007.  Therefore, he is entitled to correction of his records to show this period of prior active duty.

2.  Although the applicant has completed 15 years and 22 days of prior inactive service as shown on his DD Form 214, dated 31 January 2005, his records do not reveal the period of inactive service from 31 January 2005 (the date he was discharged from active duty) to 25 January 2006 (the date he was ordered to active duty).  His Chronological Statement of Retirement Points does not reveal any prior inactive service completed.  Therefore, there is insufficient information to account for the applicant's exact prior inactive service.

3.  The applicant is advised to contact his Unit Administrator at his CAARNG unit to correct his Chronological Statement of Retirement Points and provide documentary evidence to support reconstructing his inactive service. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__wdp___  __jlp___  __dws___  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 that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "See Block Number 18" from Item 12d of the applicant's DD Form 214, dated 17 March 2007; and 

	b.  adding the entry "0003 09 03" in Item 12d indicating that the applicant had completed 3 years, 9 months, and 3 days of prior active military service.

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 his prior inactive service.




							William D. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070005554
SUFFIX

RECON

DATE BOARDED
20080110
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.