IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080007411


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, correction of his separation document to show that he entered active duty on 1 October 1992.

2.  The applicant states, in effect, that he entered active duty in an officer status on 1 October 1992; however, the date recorded on his discharge document is
1 December 2004, which is actually the date he was promoted.

3.  The applicant provides copies of 2 DD Forms 214 (Certificates of Release or Discharge from Active Duty), with effective dates of 30 September 1992 and
22 June 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military service records show that he enlisted in the U.S. Army Reserve (USAR) on 15 January 1979 and entered active duty in the Regular Army (RA) on 31 August 1979.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic).

2.  The applicant’s military service records contain a DD Form 214 that shows he entered active duty this period on 31 August 1979 and served continuously on active duty in the RA through 30 September 1992, when he was honorably discharged in the grade of rank of Sergeant First Class (SFC)/E-7, based on being ordered to an active duty Reserve tour as a warrant officer.  At the time, the applicant was credited with completing 13 years, 1 month, and 0 days of net active service this period and 0 years, 7 months, and 0 days of total prior inactive service.

3.  The applicant’s military service records contain a copy of Headquarters,
U.S. Army Aberdeen Proving Ground Support Activity, Aberdeen Proving Ground, Maryland, Orders 175-36, dated 9 September 1992.  These orders show the applicant was ordered to active duty in the rank of Warrant Officer One (WO1)/W-1, for a period of 5 years, with a basic date of appointment of 
1 October 1992.

4.  The applicant’s military service records contain a copy of Headquarters,
24th Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, Georgia, memorandum, undated, subject:  Memorandum of Acknowledgement - Voluntary Indefinite (VI) Extension of Active Duty.  This document shows the applicant accepted selection for extension of active duty in a voluntary indefinite status, which began on 1 October 1997.

5.  The applicant’s military service records contain a DA Form 4037 (Officer Record Brief), dated 23 March 2006.  Section III (Service Data) of this document shows, in pertinent part, the applicant’s Basic Active Service Date (BASD) as
31 August 1979; Basic Date of Appointment as 1 October 1992; Entered Active Duty (EAD) Current Tour as 1 October 1992, and that he was promoted to the rank of Chief Warrant Officer Four (CW4)/W-4 on 1 December 2004.

6.  The applicant’s military service records contain a Service Computation for Retirement (Automated) form that shows, in pertinent part, he served in the USAR in an enlisted status from 15 January 1979 through 30 August 1979 and was credited with completing 0 years, 7 months, and 16 days of inactive service. This document also shows the applicant served in a RA enlisted status from
31 August 1979 through 30 September 1992 and was credited with completing 13 years, 1 month, and 0 days of active service.  This document further shows the applicant served in a warrant officer status from 1 October 1992 through 
22 June 2006 and was credited with completing 13 years, 8 months, and 22 days of active service and also documents his Date of Entry on Current Tour as
1 October 1992.  This document also confirms the applicant was credited with completing 26 years, 9 months, and 22 days of total active service and 27 years, 5 months, and 8 days of total service for basic pay purposes.

7.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, South Carolina, Orders 083-1301, dated 24 March 2006.  These orders show the applicant was released from assignment and duty because of physical disability on 22 June 2006 and placed on the Temporary Disability Retired List (TDRL), effective 23 June 2006.
8.  The applicant’s military service records contain a DD Form 214, with an effective date of 22 June 2006 that shows he was honorably retired in the rank of CW4/W-4, based on disability (temporary).  Item 12 (Record of Service), block a (Dated Entered Active Duty This Period) contains the entry “2004 12 01” (i.e., 
1 December 2004); block b (Separation Date This Period) contains the entry “2006 06 22” (i.e., 22 June 2006); block c (Net Active Service This Period) contains the entry “0013 08 22” (i.e., 13 years, 8 months, and 22 days); block d (Total Prior Active Service) contains the entry “0013 01 00” (i.e., 13 years, 
1 month, and 0 days); block e (Total Prior Inactive Service) contains the entry “0000 07 16” (i.e., 0 years, 7 months, and 16 days); and block h (Effective Date of Pay Grade) contains the entry “2004 12 01” (i.e., 1 December 2004).

9.  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 guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).

10.  Paragraph 2-4 of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It instructs for block a (Date Entered AD This Period) to 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; for block b (Separation Date This Period) to enter the Soldier's transition date; and for block c (Net Active Service This Period) to enter the amount of service this period, computed by subtracting Item 12a from Item 12b.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214, with an effective date of 22 June 2006, should be corrected to show he entered on active duty this period on 1 October 1992.


2.  The evidence of record shows that the applicant enlisted in the USAR on
15 January 1979, entered active duty in an enlisted status on 31 August 1979, and he was honorably discharged on 30 September 1992 for the purpose of entering active in an officer status.  The evidence of record also shows that the applicant’s enlisted service is accurately recorded on his DD Form 214, with an effective date of 30 September 1992.

3.  The evidence of record shows the applicant was appointed and entered active duty in a warrant officer status on 1 October 1992 and he served continuously on active duty in this status through 22 June 2006.  The evidence of record also shows that this period of service equates to 13 years, 8 months, and 22 days net active service and that this service is recorded in Item 12, block c (Net Active Service This Period), of the applicant’s DD Form 214, with an effective date of
22 June 2006.  Thus, the evidence of record clearly shows that Item 12, block a (Date Entered Active Duty This Period), of the applicant’s DD Form 214 is in error regarding the date he entered active duty this period.  Therefore, it would be appropriate to correct Item 12, block a, of the applicant’s DD Form 214 to show that he entered active duty this period on 1 October 1992.

BOARD VOTE:

____X____  __X___  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 the following correction to the applicant's DD Form 214, with an effective 
of 22 June 2006:
      
Item 12, Block a.  Date Entered Active Duty This Period
				Delete:  "2004  12  01"
				Add:	   "1992  10  01"




       _   ___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)                                         AR20080007411



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ABCMR Record of Proceedings (cont)                                         AR20080007411



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