RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2008
DOCKET NUMBER: AR20070013652
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. Judy Blanchard
Analyst
The following members, a quorum, were present:
Mr. James B. Gunlicks
Chairperson
Mr. Donald Steenfott
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, correction of Item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that his DD Form 214 erroneously lists his entry date as 2007 03 03 when in fact he entered active duty on
2004 03 03.
3. The applicant provides a copy of his DD Form 214, a copy of his disability retirement order, a copy of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), and a copy of his Enlisted Record Brief (ERB) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The DD Form on file in the applicants Official Military Personnel File (OMPF) shows the applicant enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 7 January 2004. He was discharged from the USAR DEP and enlisted in the Regular Army on 3 March 2004. This document was signed by a responsible officer of the United States Army Recruiting Battalion, Syracuse, New York. His record further shows that he was awarded military occupational specialty (MOS) 11B (Infantryman). The highest grade he achieved was specialist (SPC), pay grade E-4.
2. The applicants record also contains a copy of his disability retirement orders (Headquarters, United States Infantry Center, Fort Benning, GA Orders
144-2203, dated 24 May 2007), which shows his pay entry basic date as
3 March 2004 and a copy of his ERB which also shows the same date.
3. On 1 July 2007, the applicant was honorably released from active duty and placed on the Temporary Disability Retired List after completing a total of
3 years, 3 months, and 29 days of active duty service. The DD Form 214 he was issued shows, in Item 12a the date 2007 03 03; Item 12b (Separation Date This Period) the date 2007 07 01; and Item 12c (Net Active Service This Period)
3 years, 3 months, and 29 days.
4. 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 specific item-by-item preparing guidance on the preparation of the DD Form 214. The instructions for item 12a indicate the beginning date of the continuous period of active duty for the issuance of this DD Form 214, for which a DD Form 214 was not previously issued, should be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the date contained in Item 12a of his DD Form 214 incorrectly reads 2007 03 03 and should in fact read 2004 03 03 was carefully considered and found to have merit.
2. The evidence of record confirms the applicant enlisted in the Regular Army on 3 March 2004. The applicants record contains a DD Form 4 which confirms he enlisted in the Regular Army on 3 March 2004. This entry date is further corroborated by the information contained on his retirement orders and ERB. As a result, the date entered in Item 12a is not accurately reflected.
3. In view of the facts of this case, it would be appropriate to amend Item 12a of the applicants DD Form 214 by deleting the current entry 2007 03 03 and replacing it with the entry 2004 03 03.
BOARD VOTE:
__RSV___ ___JBG_ ___DWS 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 amending his DD Form 214 by deleting the date contained in Item 12a replacing it with the entry 2004 03 03 and by providing him a correction to his separation document that includes this change.
_____James B. Gunlicks___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2009 | 20090006485
The applicant requests that the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 March 2009 be changed to show the entries listed below: a. His DD Form 214 for the period ending 30 March 2009 shows he completed 1 year and 23 days active military service during this period. Therefore, it would be appropriate to amend item 12a on the applicant's DD Form 214 for the period ending 30 March 2009 to show he entered active duty on...
ARMY | BCMR | CY2002 | 2002073775C070403
The DD Form 214 issued to the applicant on the date of his REFRAD for retirement indicates that he entered active duty on that particular period of service on 5 October 1984. Based on the regulatory guidance for the preparation of the separation documents and given the applicant was not issued a DD Form 214 for his first enlistment, from 3 November 1981 through 4 October 1984, the Board concludes that several entries contained in Item 12 (Record of Service) of his 31 March 2002 DD Form 214...
ARMY | BCMR | CY2006 | 20060003606C070205
The applicant’s military service records contain a DD Form 214, with an effective date of 26 March 2004. However, the Army preserves a record (even after time is made up) to explain which service between date of entry on active duty (Block 12a) and separation date (Block 12b) is creditable service. Therefore, the applicant is entitled to correction of his discharge document to show that the date he entered active duty this period was 24 February 2000 and that he completed 3 years net...
ARMY | BCMR | CY2010 | 20100000850
The applicant's 2 October 2008 DD Form 4/1 shows he reenlisted in the Regular Army on this date for 4 years. The applicant's 2 December 2004 DD Form 214 is in error and should be corrected as follows: a. block 12a shows he entered active service this period on the date of his IADT, not the date of his Regular Army enlistment. This date should be corrected to show 3 October 2001; b. block 12c shows he completed 5 years, 2 months, and 26 days of active service.
ARMY | BCMR | CY2010 | 20100024415
The applicant requests correction of her net active service this period, total prior inactive service, and award of the Army Achievement Medal on her DD Form 214 (Certificate of Release or Discharge from Active Duty). The record shows she was issued a DD Form 214 for her active duty service from 13 January 2005 through 3 March 2007. Item 12 (Record of Service) of her DD Form 214 shows the following entries in: * Item 12a (Date Entered AD [Active Duty] This Period): 2005 01 13 * Item 12b...
ARMY | BCMR | CY2013 | 20130000779
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 August 2003 to show in: * item 12a (Date Entered Active Duty This Period) 26 January 1997 * item 12b (Separation Date This Period) 6 June 2003 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) Global War on Terrorism Expeditionary Medal (GWOTEM) * item 18 (Remarks) remove the statement: "RELEASE...
ARMY | BCMR | CY2005 | 20050002838C070206
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A Record of Enlistment/Reenlistment Document (DD Form 4/1) on file in the applicant's Military Personnel Record Jacket (MPRJ) confirms that he enlisted and entered active duty on 20 March 2001. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active...
ARMY | BCMR | CY2007 | 20070005554
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. 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. Although the applicant has completed 15 years and 22 days of prior...
ARMY | BCMR | CY2005 | 20050001456C070206
A review of the applicant's DD Form 214 shows the following entries: Item 12a (Date Entered AD This Period): "1979 10 26"; Item 12b (Separation Date This Period): "1998 01 31"; Item 12c (Net Active Service This Period): "0018 03 05"; Item 12d (Total Prior Active Service): "0003 09 00"; and Item 12f (Foreign Service): "0002 11 26". Guidance for completing the Record of Service is as follows: Item 12a (Date Entered Active Duty (AD) This Period): Enter the beginning date of the enlistment...
ARMY | BCMR | CY2005 | 20050001456C070206
Army Regulation 635-5, effective 1 October 1979 (and in effect at the time of the applicant's first immediate reenlistment on active duty), ended the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment. Evidence of records shows that the applicant's DD Form 214, with an effective date of 31 January 1998, was not prepared in accordance with the governing Army regulatory guidance to show the applicant's beginning date of the continuous period of...