IN THE CASE OF:
BOARD DATE: 24 February 2009
DOCKET NUMBER: AR20080012135
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his prior active service.
2. The applicant states that at the time of his recent release from active duty, he did not have a copy of his first DD Form 214.
3. The applicant provides a copy of his DD Form 214, dated 15 August 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army for a period of 3 years on 5 January 1994. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Light Vehicle Mechanic). He completed various assignments and was discharged on 23 December 1996.
2. Item 12c (Net Active Service This Period) of the DD Form 214 he was issued on 23 December 1996 shows he completed 2 years, 11 months, and 19 days of active Federal service during this period of enlistment.
3. After a break in service, the applicant enlisted in the California Army National Guard (CAARNG) for a period of 5 years in July 2002 and executed a 6-year reenlistment in July 2007. He was assigned to the 128th Quartermaster Company, Sacramento, California.
4. On 21 September 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Kuwait/Iraq from 18 November 2004 to 31 October 2005. He was honorably released from active duty to the control of his ARNG unit on 3 December 2005.
5. Item 12c of the DD Form 214 he was issued on 3 December 2005 shows he completed 1 year, 2 months, and 13 days of active Federal service during this period of active duty and Item 12d (Total Prior Active Service) of this DD Form 214 shows he completed 2 years, 11 months, and 19 days of prior active service.
6. On 26 July 2007, the applicant was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq from 12 September 2007 to 26 May 2008. He was honorably released from active duty to the control of his ARNG unit on 15 August 2008.
7. Item 12c of the DD Form 214 he was issued on 15 August 2008 shows he completed 1 year and 20 days of active Federal service during this period of active duty and Item 12d (Total Prior Active Service) of this DD Form 214 shows the entry "SEE BLOCK # 18."
8. Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "DD Form 215 (Correction to DD Form 214) will be issued to provide missing information."
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their active duty 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. It states, in pertinent part, that Item 12 shows the Record of Service. Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information. 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; Item 12b shows the Soldiers 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; Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b. Lost time under Title 10, U.S. Code, section 972 and non-creditable time after ETS, if any, are deducted and such time will be identified in block 18; and Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any. If not applicable, enter 00 00 00.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant completed 2 years, 11 months, and 19 days of active service during his first period of enlistment and 1 year, 2 months, and 13 days of active service during his first recall to active duty, for a total of 4 years, 2 months, and 2 days of prior active service which is not shown on his DD Form 214, dated 15 August 2008. Therefore, he is entitled to correction of his DD Form 214 to show his total prior service.
BOARD VOTE:
___X____ ___X____ ___X____ 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 deleting the entry "SEE BLOCK # 18:" from Item 12d of the applicant's DD Form 214, dated 15 August 2008 and adding the entry "0004 02 02."
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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ABCMR Record of Proceedings (cont) AR20080012135
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