RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2008
	DOCKET NUMBER:  AR20070015329 


	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.


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	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 Items 12.c. (Net Active Service This Period) and 12.d. (Total Prior Active Service), of his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected.

2.  The applicant states, in effect, that his active duty time should reflect his service from 31 July 2003 through 4 June 2007 which is more than 11 months and 26 days.  In addition, he requests that his total prior active service of 2 years, 10 months, and 8 days be corrected.

3.  The applicant requests that his request for correction of his military records be expedited since he has a claim pending with the Cleveland VA (Department of Veterans Affairs) Regional Office, Cleveland, Ohio.

4.  In support of his request, the applicant provided a VA Form 21-4138, Statement in Support of Claim; a copy of his DA Form 3286-63, Statement for Enlistment, United States Army Training Enlistment Program; a copy of a DA Form 3286-66, Statement of Understanding, United States Army Incentive Enlistment Program; a copy of a DA Form 3286-59, Statement for Enlistment, United State Army Enlistment Program, United States Army Delayed Enlistment Program; a copy of a DA Form 3286-67, Statement of Understanding (Army Policy); a copy of a USAREC Form 1150-R-E, Statement of Understanding – Army Policy, USAREC Addendum to DD Form 1966-Series; a copy of a USAREC Form 1127, Supplement to DA Form 3286-67, Statement for Enlistment (or Appointment) Army Policy; and  copy of a USAREC Form 1156, Statement for Enlistment or Appointment – Concealment of Information.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the US Army Reserve, Delayed Enlistment Program, on 13 February 2003.  On 31 July 2003, he enlisted in the Regular Army (RA).  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The applicant was promoted to Specialist (SPC), pay grade E-4 on 31 July 2005.

2.  The applicant's record shows on 8 June 2006 he was honorably discharged for the purpose of immediate reenlistment.  On 9 June 2006, he reenlisted in the rank and pay grade SPC, E-4, in the Regular Army for four years with a projected expiration of term of service date of 8 June 2010.

3.  The evidence shows the applicant was not issued a DD Form 214 on his discharge date, 8 June 2006.  Paragraph 2-1.b.(2), Army Regulation 635-5, states that a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.

4.  The evidence shows the applicant was promoted to the rank and pay grade Sergeant (SGT), E-5, on 1 April 2007.

5.  The evidence shows that on 4 June 2007, the applicant was honorably discharged prior to the expiration of his term of service under the provisions of Army Regulation 635-40, Paragraph 4-24b.(3) for disability, with severance pay, in the rank and pay grade, SGT, E-5.

6.  Item 12.a., of the applicant's DD Form 214, shows the entry: 2003 / 07 / 31.  This entry is correct in that it reflects the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued.  No corrective action is required of the Board.

7.  Item 12.b., of the applicant's DD Form 214, shows the entry: 2007 / 06 / 04.  This entry is correct in that it reflects the date of the applicant's discharge for disability reasons prior to his normally scheduled expiration of term of service date.  No corrective action is required of the Board.

8.  Item 12.c., of the applicant's DD Form 214, shows the entry: 0000 / 11 / 26.  This entry is incorrect.  To arrive at the correct amount of service time, Item 12.a. is subtracted from Item 12.b.  The evidence shows that by subtracting these dates, one arrives at:  0003 / 10 / 5.

9.  Item 12.d., of the applicant's DD Form 214, shows the entry:  0002 / 10 / 08.  This entry is incorrect in that there is no evidence the applicant was ever issued a DD Form 214 previously for any period of service.  This entry, by regulation, should reflect the entry:  0000 / 00 / 00.

10.  Item 12.e., of the applicant's DD Form 214, shows the entry:  0000 / 05 / 18. This entry is incorrect since, by regulation, Delayed Entry Program time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.  By regulation, the entry should be shown as:  0000 / 00 / 00.  The time an individual spends in the Delayed Entry Program; however, is creditable service for completing the statutory military service obligation (MSO) and will be entered in Item 18 (Remarks), of the DD Form 214.

11.  Item 18 has the following entry, "Period of Delayed Entry Program 20030213 – 20030730."

12.  AR 635-5 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 establishes standardized policy for preparing and distributing the DD Form 214.  This regulation provides detailed instructions and source document(s) for completing each item of the DD Form 214. 

13.  Instructions/guidance provided for the completion of Item 12 (Record of Service) are as follow:  (a) Date Entered Active Duty (AD) This Period.  Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued; (b) Separation Date This Period.  The Soldier's transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government; (c) Net Active Service This Period.  Amount of service this period, computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and non-creditable time after expiration of term of service, if any, are deducted.  Such time will be identified in block 18.  If Soldier was released from active duty because of voided enlistment, enter "0000 00 00."  (d) Total Prior Active Service.  From previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any.  If not applicable, enter "0000 00 00."  (e) Total Prior Inactive Service.  From previously issued DD Forms 214 and/or ERB/ORB, enter the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory MSO, and will be entered in block 18.  For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the dates in the Remarks Section of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  Item 12.c., of the applicant's DD Form 214, is incorrect.  Item 12.c. shows the entry: 0000 / 11 / 26.  To arrive at the correct amount of service time, Item 12.a. is subtracted from Item 12.b.  By subtracting these dates, one arrives at:  0003 / 10 / 05.  The applicant is therefore entitled to a correction of Item 12.c. to show his correct active service to be 3 years, 10 months, and 5 days.

2.  There is no evidence, and the applicant is not claiming he had any prior service before he enlisted in the delayed entry program, before he enlisted in the Regular Army, and before he reenlisted in the Regular Army before he was discharged for disability reasons, with severance pay.  The time shown as, "Total Prior Active Service," is incorrect as currently shown and should be shown as, "0000 / 00 / 00."  The applicant is therefore entitled to a correction of Item 12.d to show he had no active service time before 31 July 2003.

3.  The evidence shows that the applicant was discharged for the purpose of immediate reenlistment on 8 June 2006.  The evidence further shows that the applicant reenlisted for four years on 9 June 2006.  It is evident that when the applicant's DD Form 214 was prepared on his discharge date, the line, "IMMEDIATE REENLISTMENTS THIS PERIOD 20030731 - 20060608 and 20060609 - 20070604" was omitted.  The applicant is entitled to a correction of his DD Form 214 to include this line in the remarks section of his DD Form 214.

BOARD VOTE:

_x_  ___x    ___x__  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.  correcting Item 12.c., of the applicant's DD Form 214, to show the entry: 0003 / 10 / 05 as opposed to the currently shown 0000 / 11 / 26;

	b.  correcting Item 12.d., of the applicant's DD Form 214, to show the entry: 0000 / 00 / 00 as opposed to the currently shown 0002 / 10 / 08; and 

	


	c.  adding the entry "IMMEDIATE REENLISTMENTS THIS PERIOD 20030731 - 20060608 and 20060609 - 20070604" to Item 18 (Remarks), of the 
applicant's DD Form 214, to more fully explain the applicant's active duty service and to fully comply with the provisions of the applicable regulation.




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          CHAIRPERSON




INDEX

CASE ID
AR20070015329
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
110.0000
3.

4.

5.

6.