IN THE CASE OF:
BOARD DATE: 31 MARCH 2009
DOCKET NUMBER: AR20080015429
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued on 3 December 2006 be corrected to show all of his total prior active service.
2. The applicant essentially states that item 12d (Total Prior Active Service) of his DD Form 214 does not reflect his active duty service from 1990 to 1992 or from 2003 to 2004.
3. The applicant provides his DD Forms 214 for the periods 6 February 1985 to 21 November 1990, 22 November 1990 to 5 February 1992, and 21 January 2003 to 7 July 2004 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he served on active duty in the Regular Army from 6 February 1985 to 21 November 1990, then was honorably released from active duty and transferred to the United States Army Reserve (USAR). He was ordered to active duty on 22 November 1990 in support of Operations Desert Shield and Desert Storm and served on active duty until he was honorably released from active duty on 5 February 1992 and reverted to his USAR troop program unit (TPU) status. On 21 January 2003, he was ordered to active duty in support of Operations Enduring Freedom and Iraqi Freedom and he served on active duty until he was honorably released from active duty on 7 July 2004 and again reverted back to his USAR TPU status. On 5 August 2005, he was ordered to active duty in support of Operation Iraqi Freedom and he served on active duty until he was honorably released from active duty on 3 December 2006. On 14 February 2007, he was transferred to the Retired Reserve after completing more than 20 years of qualifying service for retired pay at age 60.
2. Item 12d of the applicant's DD Form 214 shows that he had a total of 7 years, 3 months, and 3 days of total prior active service prior to entering active duty on 5 August 2005.
3. Item 12c (Net Active Service This Period) of the applicant's DD Form 214 for the period 6 February 1985 to 21 November 1990 shows that he served 5 years, 9 months, and 16 days during the period covered by that DD Form 214.
4. Item 12c of his DD Form 214 for the period 22 November 1990 to 5 February 1992 incorrectly shows that he served 1 year, 2 months, and 13 days during the period covered by this DD Form 214 when it should have actually shown that he served 1 year, 2 months and 14 days.
5. Item 12c of his DD Form 214 for the period 21 January 2003 to 7 July 2004 shows that he served 1 year, 5 months, and 17 days during the period covered by this DD Form 214.
6. Army Regulation 635-5 (Separation Documents) provides instructions for completing the DD Form 214. For item 12d, it states that from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any. If not applicable, enter "00 00 00."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show all of his total prior active service.
2. The cumulative total of prior active service as shown on the applicant's first three DD Forms 214 amounts to 8 years, 5 months, and 16 days. However, the applicant's second DD Form 214 incorrectly reflected one less day of net active service during the period of that DD Form 214. Therefore, he is entitled to correction of item 12d of his latest DD Form 214 to show that he actually had 8 years, 5 months, and 17 days of total prior active service.
3. Additionally, as an error was found in the net active service shown on his DD Form 214 for the period 22 November 1990 to 5 February 1992; it would also be appropriate at this time to correct item 12c of this DD Form 214 to show that he served 1 year, 2 months, and 14 days of active service during the period covered by this DD Form 214.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. correcting item 12d of his DD Form 214 for the period 5 August 2005 to 3 December 2006 to show that he served 8 years, 5 months, and 17 days of total prior active service; and
b. correcting item 12c of his DD Form 214 for the period 22 November 1990 to 5 February 1992 to show that he served 1 year, 2 months, and 14 days of active service during the period covered by this DD Form 214.
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career, and especially during his service in Southwest Asia on multiple deployments. The applicant and all Americans should be justifiably proud of his honorable service in arms.
_______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) AR20080015429
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ABCMR Record of Proceedings (cont) AR20080015429
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