IN THE CASE OF:
BOARD DATE: 18 FEBRUARY 2009
DOCKET NUMBER: AR20080015140
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) for the period ending 11 July 2008 to show he entered active duty on 10 September 2007 instead of 18 September 2007.
2. The applicant states that the date of his recall to active duty is wrong. He reported to Fort McCoy, WI on 10 September 2007, not 18 September 2007 according to his orders. He states that his DD Form 214 is short 8 days of active duty time.
3. The applicant provides a copy of Department of the Army, 77th U.S. Army Regional Readiness Command, Fort Totten, New York, Orders 07-249-00026, dated 6 September 2007 and his DD Form 214 for the period ending 11 July 2008 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 September 1979. At the completion of basic training and advanced individual training, he was awarded primary military occupational specialty 12B (combat engineer). He was discharged from active duty on 31 March 1989 at his expiration of term of service. On the following date, he was transferred to a Reserve Component unit. His highest grade attained was sergeant first class, E-7.
2. Department of the Army, 77th U.S. Army Regional Readiness Command, Fort Totten, New York, Orders 07-249-00026, dated 6 September 2007, show the applicant was ordered to report to Fort McCoy, WI for active duty with a report date of 10 September 2007 for the purpose of mobilization in support of Operation Iraqi Freedom.
3. The applicant was released from active duty on 11 July 2008.
4. Item 12a (Date Entered Active Duty This Period) on the applicant's DD Form 214 for the period ending 11 July 2008 shows he entered active duty on 18 September 2007 and completed 9 months and 24 days of active military service during this period.
5. An email from the U.S. Army Reserve Pay Center at Fort McCoy, WI, dated 29 January 2009, shows the applicant was paid starting on "10 September 2007."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It directs that the beginning date of the continuous period of active duty will be entered in item 12a for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions regarding the date he entered active duty were carefully considered.
2. The applicant provided a copy of 77th U.S. Army Regional Readiness Command, Fort Totten, New York, Orders 07-249-00026, dated 6 September 2007, which verify he was ordered to active duty on 10 September 2007. In addition, his pay records at the Fort McCoy Reserve Pay Center show his active duty pay started on 10 September 2007. These documents are sufficient evidence on which to base correction of his DD Form 214 for the period ending 11 July 2008 to show he entered active duty on 10 September 2007.
3. In addition, it would be appropriate to amend item 12c (Net Active Service This Period) on the applicant's DD Form 214 for the period ending 11 July 2008 to show the entry "0000 10 02."
BOARD VOTE:
________ ________ ________ 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 the DD Form 214 for the period ending 11 July 2008 of the individual concerned be corrected by:
a. amending item 12a to show the entry "2007 09 10";
b. amending item 12c to show the entry "0000 10 02"; and
c. providing the individual a document to show the above corrections.
_______ _ _______ ___
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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