IN THE CASE OF:	  

		BOARD DATE:	        9 October 2008

		DOCKET NUMBER:  AR20080007664 


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 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 June 2004 be corrected to show 11 years and 19 days and that item 12e (Total Prior Inactive Service) on this DD Form 214 be corrected.

2.  The applicant states, in effect, that when he entered active duty in 1993 his Basic Active Service Date (BASD) was adjusted to 1985 due to his prior active duty service. 

3.  The applicant provides enlistment contracts; a DD Form 214 for the period ending 8 March 1989; a DA Form 1059 (Service School Academic Evaluation Report); a DD Form 214 for the period ending 8 March 1991; a DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes); a DD Form 214 for the period ending 1 July 1996; active duty orders; discharge orders; and a DD Form 214 for the period ending 24 June 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 18 February 1982 for a period of 6 years.  He enlisted in the Regular Army on 6 July 1982 for a period of 3 years.  He was honorably discharged on 11 March 1985 for immediate reenlistment.  He reenlisted on 12 March 1985 for a period of 4 years. On 8 March 1989, the applicant was honorably discharged. 

2.  The applicant’s DD Form 214 for the period ending 8 March 1989 shows that he completed 6 years, 8 months, and 3 days of creditable active service and 
4 months and 18 days of prior inactive service.

3.  The applicant enlisted in the USAR effective 9 March 1989 for a period of 
1 year.  He reenlisted in the USAR on 24 September 1989 for a period of 
6 years.  

4.  The applicant was ordered to active duty on 23 January 1990 and was released from active duty on 8 March 1991.  His DD Form 214 for the period ending 8 March 1991 shows he completed 1 year, 1 month, and 16 days of creditable active service; 6 years, 8 months, and 3 days of prior active service; and 1 year, 3 months, and 3 days of prior inactive service.   

5.  The applicant enlisted in the Regular Army on 2 June 1993 for a period of 
3 years.  He extended his enlistment to 3 years and 1 month on 31 May 1996.  On 1 July 1996, the applicant was honorably discharged after completing 3 years and 1 month of creditable active service.  

6.  Item 12a on the applicant’s DD Form 214 for the period ending 1 July 1996 shows the entry, “85 06 13.”  Item 12c (Net Active Service This Period) on this DD Form 214 shows the entry, “11 00 19.”  Item 12d on this DD Form 214 shows the entry, “00 00 00.”  Item 12e on this DD Form 214 shows the entry, “03 06 22.”     
7.  The applicant enlisted in the USAR on 7 June 1996 for a period of 3 years.  He reenlisted in the USAR on 11 April 1999 for a period of 3 years.  He reenlisted in the USAR on 3 March 2002 for a period of 6 years.  

8.  The applicant was ordered to active duty on 28 March 2003 and was released from active duty on 24 June 2004.  

9.  Item 12d on the applicant’s DD Form 214 for the period ending 24 June 2004 shows the entry, 0007 09 19.”  Item 12e on this DD Form 214 shows the entry, “0012 11 03.”   

10.  The applicant was ordered to active duty on 16 January 2008 for a period of “11 months and 30 days.”   

11.  The applicant’s Chronological Statement of Retirement Points, dated 
24 September 2008, shows his begin date is 6 July 1982.  His Points Detail is not complete, starting with 1996.

12.  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.  The regulation states, in pertinent part, that 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, will be entered in item 12a on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  It appears that items 12d and 12e on the applicant’s DD Form 214 for the period ending 24 June 2004 are incorrect.  

2.  It is also noted that the applicant’s DD Form 214 for the period ending 1 July 1996 erroneously shows his BASD in item 12a rather than the actual date he entered active duty (i.e. 2 June 1993).  Item 12c of this DD Form 214 should have reflected a period of 3 years and 1 month and not 11 years and 19 days.  

3.  Since the applicant’s records are not complete the U.S. Army Human Resources Command, St. Louis, Missouri should review the applicant’s entire records and calculate his prior inactive and active service.  Any corrections to items 12d and 12e should then be made, if necessary, to his DD Form 214 for the period ending 24 June 2004.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx_____  _____xx___  _____xx___  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:

   a.  reviewed by the U.S. Army Human Resources Command, St. Louis, Missouri to calculate his prior inactive and active service as of 24 June 2004; and 
   
   b.  make any necessary corrections to items 12d and 12e on his DD Form 214 for the period ending 24 June 2004. 

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 amending items 12d and 12e on his DD Form 214 for the period ending 24 June 2004 without his service being first calculated by the U. S. Army Human Resources Command, St. Louis, Missouri.  




      _____xxxx__ _   _______   ___
               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)                                         AR20080007664





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ABCMR Record of Proceedings (cont)                                         AR20080007664



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