RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20080000051
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 that item 12a (Date Entered AD (active duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 November 2007 be corrected to show he entered active duty on 2 November 2004 and, in effect, that item 12c (Net Active Service This Period) be corrected to show he completed 3 years of service.
2. The applicant states that he initially enlisted in the Army National Guard (ARNG) and, after completing his basic and advanced individual training, he decided to enlist in the Regular Army.
3. The applicant provides his ARNG enlistment contract and his initial active duty for training (IADT) orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the ARNG on 2 November 2004. His IADT orders show he reported to the Reception Battalion, Fort Jackson, SC on 1 November 2004 and was released to inactive duty on 6 May 2005. There is no evidence of record to show he was issued a DD Form 214 for the period ending 6 May 2005.
2. On 6 July 2005, the applicant was discharged from the ARNG and as a Reserve of the Army to enlist in the Regular Army.
3. On 7 July 2005, the applicant enlisted in the Regular Army. On 3 November 2007, the applicant was discharged from the Regular Army. Item 12a of his DD Form 214 for the period ending 2 November 2007 shows he entered active duty on 7 July 2005. Item 12c show he completed 2 years, 3 months, and 14 days of net active service that period.
4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
5. Army Regulation 635-5 states a DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more of continuous ADT and for Reserve Component Soldiers completing IADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days.
6. Army Regulation 635-5 states that, once issued, the DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, a statement of service or transcript of military record will be issued.
7. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the Army Board for Correction of Military Records (ABCMR). In pertinent part, it states the ABCMR begins its consideration of each case with the presumption of regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant should have been issued a DD Form 214 when he was released from IADT on 6 May 2005. The DD Form 214 is meant to be a synopsis of the Soldiers most recent period of continuous active duty; therefore, item 12a of that DD Form 214 would have shown that he entered active duty on 17 November 2004, the date he arrived at the Fort Jackson Reception Battalion to begin IADT, and not 2 November 2004, the date he enlisted in the ARNG.
2. There is no evidence of record to show that the applicant was issued a DD Form 214 upon the completion of his IADT. On the other hand, neither is there evidence of record to show that a DD Form 214 was not prepared; therefore, administrative regularity must be presumed. That is, in the absence of evidence to the contrary it must be presumed that a DD Form 214 was issued and has been lost.
3. Therefore, the applicants DD Form 214 for the period ending 6 May 2005 cannot be reissued per regulatory guidance. However, a transcript of military record should be issued to him.
4. The evidence of record shows that the applicant did not have continuous active duty. He was released from IADT on 6 May 2005 and did not enlist in the Regular Army until 7 July 2005. Again, the DD Form 214 is meant to be a synopsis of the Soldiers most recent period of continuous active duty.
5. Therefore, item 12a of the applicants DD Form 214 for the period ending 2 November 2007 is correct and item 12e is properly computed using a date of entry of 7 July 2005.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__XXX___ __XXX___ __XXX_ 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 issuing to him a military transcript for his initial active duty for training during the period 17 November 2004 through 6 May 2005.
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 correcting items 12a or 12c of his DD Form 214 for the period ending 2 November 2007.
__XXXX____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000051
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2008 | 20080000019
"; e. Item 12a (Date Entered Active Duty This Period) to show 1997-04-15; f. Item 12b (Separation Date This Period) to show 2005-04-15; g. Item 12d (Total Prior Active Service) to show 21 mo. Therefore, there is no requirement to show this course in Item 14 of the applicants DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the entry "0000 10 04" to Item 12d of the applicant's DD Form 214,...
ARMY | BCMR | CY2010 | 20100029442
The American Legion, as counsel for the applicant, requests: * the applicant's first and last names in item 1 (Name) of her DD Form 214 for the period ending 17 November 2005 be changed to K___ (first name) and C___ (last name) * Item 12a of this DD Form 214 be corrected 2. Based on the enlistment contract found in the applicant's available records dated (050325), item 12a should be changed to read: year 2005, month 03, day 25." _______ _ _X______ ___ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2011 | 20110010172
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 2009, to show in: * item 12a (Date Entered Active Duty this Period), the date he reentered the Active Guard Reserve (AGR) program under Title 32, U.S. Code (USC) * item 12f (Foreign Service) he completed 4 months and 25 days of foreign service 2. Therefore, item 12 of his DD Form 214 for the period ending 30 November 2009 should be corrected to show he...
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 | CY2014 | 20140012587
Application for correction of military records (with supporting documents provided, if any). Order 105-010, issued by the MNARNG on 14 April 2004, ordered him to active duty during the period 19 April through 4 September 2004, under the authority of Title 32, USC, section 502 (f). This period of active duty is not shown on his DD Form 214 for the period ending 18 July 2003; therefore, item 12a should be corrected to show he entered active duty on 27 May 2002, and item 12c should also be...
ARMY | BCMR | CY2007 | 20070014289
The applicant requests the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for her period of active duty from 16 August 2005 to 15 August 2006. The applicant's records show that she was ordered to active duty for the purpose of COTTAD support to OEF on 16 August 2005. Therefore, there is sufficient evidence to show that the applicant is entitled to a DD Form 214 to show that period of active duty.
ARMY | BCMR | CY2009 | 20090000133
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 21 March 2006, hereafter referred to as the subject DD Form 214, be corrected to show she entered an active duty status at the end of February 2005 instead of 9 April 2005. She also requests that the DD Form 214 be corrected to show all of her active duty service. There is no DD Form 214 in the applicants record for this period of service.
ARMY | BCMR | CY2013 | 20130002774
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 December 2004 to show in item 12a (Dated Entered Active Duty This Period) the date 30 June 2003 rather than 18 August 2004. The evidence of record clearly shows the applicant enlisted in the ARNG on 30 June 2003; however, he did not enter active duty for training until 4 August 2003. He was subsequently discharged from active duty on 2 December 2004 and issued...
ARMY | BCMR | CY2008 | 20080004354
The evidence of record shows that the applicant was discharged from the ILARNG on 16 April 2003 and subsequently enlisted in the Regular Army on 17 April 2003: a. in order to credit the applicant with her IADT from 4 June 2002 to 16 August 2002, recorded on the DD Form 220, her date entered on active duty this period was adjusted to account for those days and is therefore correctly shown as 2003 02 04 and requires no further action; b. she was released from active duty on 16 April 2007. ...
ARMY | BCMR | CY2010 | 20100024156
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 12 December 2005 to show his correct prior service. His DD Form 214 for this period shows he completed 4 months of creditable active service. He was ordered to active duty in support of OIF on 28 June 2004 and he was honorably released from active duty on 12 December 2005 having completed 1 year, 5 months, and 15 days of net active service this period.