RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 February 2008
	DOCKET NUMBER:  AR20070010236 


	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

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Kenneth Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald Gant

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 to item 9, 12a, 12f, 12h, and item 13, of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states, in effect, that he noticed several errors on his DD Form 214.  He consulted with the Retirement Section, Fort Bragg, North Carolina.  He was seen by the Supervisor, Active Duty Retirements, who advised him there were additional errors on his DD Form 214.  He was told how to have the errors corrected.  

3.  The applicant provides a copy of his DD Form 214 and several documents from his OMPF (Official Military Personnel File).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the United States Army Reserve (USAR) on 26 December 1984.  He enlisted in the Regular Army on  11 January 1985.  He was promoted to master sergeant (MSG/E-8) with an effective date and date of rank of 1 September 2003.   

2.  The applicant served until he was separated for the purpose of retirement on 31 May 2007.  He was placed on the Retired List effective 1 June 2007, in the rank and pay grade of MSG/E-8. 

3.  Item 9 (Command to Which Transferred), of his DD Form 214, shows the entry "NA"; item 12a (Dated Entered AD [Active Duty] This Period) shows the entry "1986 01 11" (11 January 1986); item 12c (Net Active Service This Period), shows the entry "0022 04 20" (22 years, 4 months, and 20 days); item 12e (Total Prior Inactive Service) show the entry "0000 00 15" (15 days); item 12f (Foreign Service) shows the  entry "0000 00 00"; and item 12h (Effective Date of Pay Grade) shows the entry "1984 12 26." 

4.  The applicant provided a copy of his enlistment contract which shows that he enlisted on 11 January 1985 instead of 11 January 1986.  

5.  The applicant provided a copy of his ERB (Enlisted Record Brief) which shows that he completed five overseas tours for a total of 116 months (16, 44, 8, 12, and 36 = 116) which equates to 9 years and 8 months of foreign service.



6.  The applicant provided a copy of a certificate which awarded his unit, the 172d Stryker Brigade Combat Team, the Valorous Unit Award, for extraordinary heroism in military operations against an armed enemy during the period 16 August 2005 to 3 December 2006.

7.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that item 12a (Date Entered AD this Period) will be completed to show the beginning date of the continuous period of AD for issuance of the present DD Form 214, for which a DD Form 214 was not previously issued.  Item 12c will be completed to show the amount of service, computed by subtracting item 12a from 12b (Separation Date This Period), less time lost, if any.  Item 12e (Total Prior Inactive Service) will be completed to show the amount of total prior inactive service, plus the amount of inactive service from previously issued DD 214, less lost time, if any.

8.  The same regulation states that item 9 (Command to Which Transferred) will be completed to show the entry "USAR (United States Army Reserve) Control Group (Retired Reserve), 1 Reserve Way, St. Louis, MO  63132-5200" when the applicant is placed on the AUS (Army of the United States) Retired List and transferred to the Retired Reserve (applicable to RA enlisted (with less than 30 years AFS (Active Federal Service)).  In pertinent part, the same regulation also directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the Soldier's Enlisted Qualification Record or, if necessary, verified from the Soldier's Military Personnel Records Jacket or ERB/ORB (Officer Record Brief). 

9.  It also states that item 12h (Effective Date of Pay Grade) will be completed to show the effective date of promotion to the current pay grade from the most recent promotion order or reduction instrument.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted in the USAR on 26 December 1984; however, his DD Form 214 shows his total prior inactive service as "0000 00 15" (15 days).  By calculating his USAR enlistment date, of 26 December 1984, to the date before his enlistment in the Regular Army, of 10 January 1985, his total prior inactive service equates to 16 days instead of 15 days which is currently shown in item 12e.  Therefore, he is entitled to correction of item 12e, of his DD Form 214, to show the entry "0000 00 16" (16 days) instead of the entry         "0000 00 15" (15 days).

2.  The evidence shows the applicant enlisted in the Regular Army on 11 January 1985; however, his DD Form 214 shows his date of entry as "11 January 1986," which is incorrect.  Therefore, item 12a, of his DD Form 214 should be corrected to show the entry "1985 01 11" (11 January 1985) instead of the entry 
"1986 01 11" (11 January 1986).  

3.  By adjusting item 12a, of his DD Form 214, to show the correct entry date, as "11 January 1985, his net active service now equates to 22 years, 4 months, and 21 days.  Therefore, he is entitled to correction of item 12c (Net Active Service This Period), of his DD Form 214 to show the entry " 0022 04 21" (22 years, 4 months, and 21 days) instead of the entry "0022 04 20" (22 years, 4 months, and 20 days). 

4.  The evidence shows that the applicant was separated for the purpose of retirement on 31 May 2007.  He was placed on the USA Retired List effective 1 June 2007.  The regulation required that item 9, of his DD Form 214, show the entry "USAR Control Group (Retired Reserve), 1 Reserve Way, St. Louis, MO  63132-5200" when an RA enlisted Soldier with less than 30 years AFS is placed on the Retired List.  Therefore, he is entitled to correction of item 9, of his DD Form 214, to show the entry "Retired Reserve, AR-PERSCOM, 1 Reserve Way, St. Louis, MO  63132-5200" instead of the entry "NA."

5.  The applicant's ERB shows that he completed five overseas tours for a total of 116 months which equated to 9 years and 8 months of foreign service.  He is therefore entitled to correction of item 12f, of his DD Form 214, to show the entry "0009 08 00" (9 years and 8 months) instead of the entry "0000 00 00."

6.  The evidence shows that the applicant was promoted to MSG/E-8 with an effective date of 1 September 2003; therefore, he is entitled to correction of item 12h, of his DD Form 214, to show the entry "2003 09 01" (1 September 2003) instead of the entry "1984 12 26" (26 December 1984).

7.  The evidence shows that the applicant's unit was awarded the Valorous Unit Award; therefore, he is entitled to correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, to show this unit award. 






BOARD VOTE:

___KLW_  _AU_____  _RG____  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:

a.  by showing the entry "USAR Control Group (Retired Reserve), 1 Reserve Way, St. Louis, MO 63132-5200" in item 9 (Command to Which Transferred), of his DD Form 214;

b.  by showing the entry "1985 01 11," in item 12a (Date Entered AD This Period), of his DD Form 214;

	c.  by showing the entry "0022 04 21," in item 12c (Net Active Service This Period); 

	d.  by showing the entry "0000 00 16," in item 12e (Total Prior Inactive Service);

	e. by showing the entry "0009 08 00" in item 12f (Foreign Service), of his DD Form 214; 

f.  by showing the entry, “2003 09 01" in item 12h (Effective Date of Pay Grade), of his DD Form 214; and 







g.  by adding the already-awarded Valorous Unit Award, and adding this award to item 13 (Decoration, Medals, Badges, Citation and Campaign Ribbons Awarded or Authorized), of his DD Form 214.




___Kenneth L. Wright _____
          CHAIRPERSON




INDEX

CASE ID
AR20070010236
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080205
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20070531
DISCHARGE AUTHORITY
AR 635-200, chapter 12
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.