IN THE CASE OF:
BOARD DATE: 06 NOVEMBER 2008
DOCKET NUMBER: AR20080013293
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 that Item 12a (Date Entered Active Duty This Period) of his separation document (DD Form 214) be corrected.
2. The applicant states that Item 12a is inaccurate. He was commissioned through the Reserve Officers' Training Corps (ROTC) on 15 May 1994. Then he took a delay from entry on active duty to attend law school. Upon completion of law school, he entered active duty on 30 September 1999. He states that his time in an inactive duty status should not be reflected in item 12a of his DD Form 214. The date he entered active duty should be 30 September 1999, because that is when he started his travel to the Judge Advocate General (JAG) Training.
3. He further states that as a federal civilian employee, he is trying to buy back his active duty time. He sent his DD Form 214 to the Defense Finance and Accounting Services (DFAS) for a copy of his estimated earnings during his military service and the calculation came back with his military salary from
1994 to 2007. He states that he did not earn his military salary from 1994 to 1999.
4. The applicant provides a copy of his DD Form 214, a letter from DFAS dated 14 February 2008, Estimated Earnings During Military Service, and a letter from the Office of The Deputy Chief of Staff G-1, dated 28 January 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he was appointed as a Reserve Commissioned officer in the rank of second lieutenant, on 15 May 1994. The applicant had applied for a delay from entry on active duty in order to pursue a law degree in April 1994. On 2 June 1994, his request was approved for the period May 1994 to May 1997.
2. He accepted appointment as a Reserve Commissioned officer of the Army in the rank of first lieutenant on 7 September 1999 and he was ordered to active duty on 1 October 1999. He was promoted to captain on 1 June 2000 and to major on 10 April 2007.
3. The applicant was honorably discharged from active duty on 4 May 2007. He completed 7 years, 11 months, and 4 days of Net Active Service This Period.
4. The applicant's DD Form 214, in Item 12a shows the entry "1994 05 15," and Item 12c (Net Active Service This Period) shows the entry 7 years, 11 months, and 4 days. Also, Item 12e (Total Prior Inactive Service) of his DD Form
214 shows the entry 5 years, 4 months, and 17 days.
5. A DD form 220 (Active Duty Report) shows that the applicant's effective date of entry on active duty was 1 October 1999.
6. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that you enter the beginning date of continuous period of active duty for which the DD Form 214 was not previously issued in Item 12a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that after the applicant was appointed as a Reserve Commissioned officer in the rank of second lieutenant on 15 May 1994 and he was granted a delay from entry on active duty in order to pursue his law degree. As such, he was in an inactive status from May 1994 through September 1999.
2. According to the DD Form 220, the applicant's effective day of entry on active duty was 1 October 1999. As a result, the entry "1994 05 15" in Item 12a of his DD Form 214 is incorrect. Therefore, he is entitled to correction of Item 12a to show 1 October 1999 (1999 10 01).
3. No further correction is required for Item 12c and 12e of the applicant's DD Form 214 since the service reflected in these blocks are correct.
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 showing 1999 10 01 in item 12a of the applicant's DD form 214.
_______ _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.
ABCMR Record of Proceedings (cont) AR20080013293
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