IN THE CASE OF:	  

	BOARD DATE:	  11 June 2008

	DOCKET NUMBER:  AR20080004354 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  Item 6 (Reserve Obligation Termination Date) from “2009 12 17” to “2009 12 16”;  

	b.  Item 12a (Date Entered Active Duty This Period) from “2003 04 17” to “2003 02 04”;

	c.  Item 12c (Net Active Service Date This Period) from “0004 02 13” to “0004 00 00”;

	d.  Item 12d (Total Prior Active Service) from “0000 00 00” to               “0000 02 13”;  

	e.  Item 12e (Total Prior Inactive Service) from “0000 00 00” to           “0000 11 04”; and   

	f.  Item 18 (Remarks-Period of Delayed Entry Program from 20011218 -20030203” to “20011217-20030203.”   

2.  The applicant states that her DD Form 214 contains administrative errors and that the facility that produced her DD Form 214 combined the prior service with the current service.  This has affected her Basic Active Service Date (BASD) and Pay Entry Basic Pay (PEBD), as well as other personnel records.
3.  The applicant provides the following additional documentary evidence in support of her application:  

	a.  DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 17 December 2001, 17 April 2003, and 21 September 2007; 

	b.  DD Form 214, dated 16 April 2007; and

	c.  National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement), dated 31 July 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that she enlisted in the Illinois Army National Guard (ILARNG) for a period of 8 years on 17 December 2001.  She enlisted under the Split Training Option which provided that she would enter an Initial Active Duty for Training (IADT) status to undergo basic combat training at an active military installation and upon successful completion of IADT, she would return to civilian status and commence training with her assigned ARNG unit in a paid drill status.  Within 1 year of her separation from IADT, she would be required to enter IADT to complete advanced individual training resulting in qualification in a military occupational specialty (MOS).  She was subsequently assigned to the 133rd Signal Battalion, ILARNG, Sparta, Illinois.

2.  Section III (Explanation to Applicant) of her NGB Form 21 (Annex A to the DD Form 4), contains the following statement “Initial enlistment as a non-prior service member.  The enlistment option that I have selected provides that I will be a member of an ARNG unit for a period of 6 years and a member of the Individual Ready Reserve for the balance of my 8-year service obligation unless I elect to remain with an ARNG unit or unless I am completely discharged from this enlistment agreement."

3.  On 4 June 2002, the applicant entered active duty for IADT and completed basic combat training at Fort Jackson, South Carolina, on 16 August 2002.  The DD Form 220 (Active Duty Report) she was issued shows she entered active duty on 4 June 2002, completed 74 days of active duty, and was released from active duty on 16 August 2002.  

4.  The applicant’s record further show that she was discharged from the ILARNG on 16 April 2003, by Orders 186-021, issued by the ILARNG on 5 July 2003, for the purpose of enlistment in the Regular Army.

5.  On 17 April 2003, the applicant enlisted in the Regular Army for a period of 4 years.  She subsequently completed advanced individual training and was awarded MOS 25Q (Multichannel Transmission Systems Operator).

6.  The applicant’s records also show that she was honorably released from active duty for completion of required active service on 16 April 2007.  The DD Form 214 she was issued shows the following entries:

	a.  Item 6 contains the entry “2009 12 17”;

	b.  Items 12a contains the entry “ 2003 02 04”; 

	c.  Item 12c contains the entry “2004 02 13”; 

	d.  Item 12d contains the entry “0000 00 00”; 

	e.  Item 12e contains the entry “0000 00 00”; 

	f.  Item 18 contains the entry “Period of DEP 20011218-20030203.”

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214, as follows:

	a.  Item 6 shows the Reserve Obligation Termination Date.  This is the completion date of the statutory military service obligation (MSO) incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  Department of Defense (DOD) policy requires a Soldier with no previous military service who enlisted or was appointed on or after 1 June 1984 to serve a period of 8 years.  The MSO starts on the date of initial enlistment or appointment in the RA, ARNG, or the USAR to include the Delayed Entry Program (DEP).  DEP time is credited in computing this date (see block 18g for additional requirements).  

	b.  Item 12 shows the Record of Service.  Extreme care is used in completing this block since post-service benefits, final pay, retirement credit, and so forth, are based on this information:

		1.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

		2.  Item 12b shows 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.

		3.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and non-creditable time after expiration term of service (ETS), if any, are deducted.  Such time will be identified in block 18. 

		4.  Item 12d, obtained from previously issued DD Forms 214, the total amount of prior active military service less lost time, if any.  If not applicable, enter “00 00 00.”

		5.  Item 12e is obtained 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 Jan 85 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.

	c.  Item 18 is used for Headquarters, Department of the Army (HQDA) mandatory requirements when a separate block is not available.  For a Soldier who has DEP time, enter “BLOCK 6- PERIOD OF DEP” (inclusive periods of DEP time). 

8.  Army Regulation 601-280 (Active and Reserve Component Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and the Army National Guard for enlistment.  Chapter 5 covers the Delayed Entry Program.  It states, in pertinent part, that enlistments in the DEP is authorized for qualified applicants who have agreed to enlist in the Regular Army or transfer to Reserve Component Troop Program Unit (TPU).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the ILARNG and became a member of that component on 17 December 2001.  Her 8-year MSO started on 17 December 2001, the date she enlisted, and should end on 17 December 2009, exactly 8 years from the date she enlisted.  The period from, and including the start date, Monday, 17 December 2001 to the end date, but not including, Thursday, 17 December 2009, is exactly 8 years.  Therefore, the entry in Item 6 of the applicant's DD Form 214 is correct and requires no further action.

2.  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.  Since her date of entry on active duty was adjusted to account for the period of IADT from 4 June 2002 to 16 August 2002, the net active service this period shown as 4 years, 2 months, and 13 days, is therefore correctly shown in Item 12c and requires no further action; and

	c.  since she did not have a previously issued DD Form 214, her prior active service in Item 12d is correctly shown as “0000 00 00” and requires no further action. 

3.  With respect to the applicant's DEP period, the evidence of record shows that the applicant enlisted in the ILARNG, not in the Regular Army (RA).  Delayed Entry Program is authorized for RA enlistments only.  Therefore, the entry in Item 18 that shows “Period of DEP 20011218-20030203" should be deleted.

4.  With respect to the applicant’s prior inactive service, she enlisted in the ILARNG on 17 December 2001 and was discharged on 16 April 2003.  This indicates that she had 1 year, 3 months, and 30 days on inactive service.  However, when deducting her IADT from 4 June 2002 to 16 August 2002, recorded on the DD Form 220, her adjusted inactive service becomes 1 year, 1 month, and 18 days. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ___X___  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:

	a.  deleting the entry “Period of DEP 20011218-20030203" from Item 18 of the applicant's DD Form 214, dated 16 April 2007; and

	b.  deleting the entry "0000  00  00" from Item 12e of the applicant's DD Form 214, dated 16 April 2007, and replacing it with the entry "0001  01  18."

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 the applicant's Reserve Obligation Termination Date, Date Entered Active Duty This Period, Net Active Service This Period, Total Active Service This Period, and Period of Delayed Entry Program.





       _    ___X____   ___
       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.

ABCMR Record of Proceedings (cont)                                         AR20080004354



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ABCMR Record of Proceedings (cont)                                         AR20080004354



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