IN THE CASE OF:
BOARD DATE: 03 July 2008
DOCKET NUMBER: AR20070019002
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that item 12a (Record of Service Date Entered AD This Period) of separation document (DD Form 214) be corrected.
2. The applicant states his last DD Form 214 did not cover his entire active duty period, it only covers the period of service from 28 August 2005 to 29 September 2006. He states that the period of service should have covered from 3 March 2003 to 29 September 2006 since he had completed two 1-year tours and one 179 day tour back to back prior to his last tour. He states, in effect, that his DD Form 214 should cover the entire 3.5 years of his active duty.
3. The applicant provides a copy of his DD Form 214 and a series of active duty orders published by U.S. Army Human Resources Command (USAHRC).
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows he was appointed as a Reserve Commissioned Officer of the United States Army in the rank of second lieutenant on 13 May 1984. He entered active duty on 8 September 1985 and served continuously as a Reserve Officer, achieving the rank of captain on
1 March 1990.
2. The applicant was honorably separated from active duty due to an Early Release Program and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement), St. Louis, Missouri on 15 July 1994.
3. His personnel record shows that he remained as a Reserve Component Officer in the USAR and assigned to an Individual Mobilization Augmentee (IMA) position.
4. USAHRC Orders Number M-02-301139, dated 27 February 2003, shows the applicant was ordered to active duty pursuant to Presidential Executive Order of 14 September 2001, for 365 days, effective 3 March 2003. Those orders were later amended by USAHRC Orders Number M-02-301139A01, dated 5 February 2004, to change the period of active duty from 365 days to 730 days.
5. USAHRC Orders Number A-02-503806, dated 9 February 2005, shows the applicant was ordered to active duty for 179 days, effective 2 March 2005 and ending on 27 August 2005.
6. USAHRC Orders Number A-07-516114, dated 29 July 2005, shows the applicant was ordered to active duty in the rank of major, effective 28 August 2005 and ending on 27 August 2007. USAHRC Orders Number A-07-516114R, dated 4 October 2006, rescinded the unexecuted portion of that active duty order, effective 29 September 2006.
7. The applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement), on 29 September 2006.
8. The applicant's military personnel records do not contain a DD Form 214 for the period 3 March 2003 to 27 August 2005.
9. Army Regulation 635-5 (Separation Documents) paragraph 2-4h(12)(a) states, in pertinent part, that you enter the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued. Also, enter the amount of service performed during the period covered by the DD Form 214 in item 12c, by subtracting item 12a, Record of Service Date Entered AD This Period, from item 12b, Record of Service Separation Date This Period.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that Item 12a of his DD Form 214 should be corrected.
2. USAHRC Orders Number M-02-301139, dated 27 February 2003, shows the applicant was ordered to active duty for 365 days, effective 3 March 2003. Those orders were later amended by USAHRC Orders Number
M-02-301139A01, dated 5 February 2004 to change the period of active duty from 365 days to 730 days. Therefore, the applicant had remained on active duty from 3 March 2003 until 2 March 2005.
3. The applicant's active duty tour was extended by USAHRC Orders Number
A-02-503806, dated 9 February 2005, for 179 days ending on 27 August 2005. USAHRC Orders Number A-07-516114, dated 29 July 2005, further extended the applicant's active duty commitment for an additional 2 years ending on 27 August 2007. Subsequently, USAHRC Orders Number A-07-516114R, dated
4 October 2006 rescinded the unexecuted portion of those active duty orders, effective 29 September 2006.
4. As such, the applicant served continuously from 3 March 2003 to
29 September 2006. Since he was not previously issued a DD Form 214 for the period 3 March 2003 to 27 August 2005, he is entitled to correction of his records to show in item 12a, Date Entered AD This Period 2003 03 03.
5. Based on this correction, item 12c, Net Active Service This Period should be corrected to show 3 years, 6 months, and 27 days.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 showing on his DD Form 214 issued on 29 September 2006:
a. in item 12a, Date Entered AD This Period 2003 03 03; and
b. in item 12c, Net Active Service This Period 3 years, 6 months, and
27 days.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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