DOCKET NUMBER: AR20080019736
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, in Item 12a, that he entered active duty on 21 July 2004 [sic] vice 12 November 2004.
2. The applicant states, in effect, Item 12a is incorrect.
3. The applicant provides a copy of his DD Form 214 and a copy of his Enlisted Record Brief (ERB).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for 8 years on 23 April 2004. On 19 July 2004, he was discharged from the DEP and enlisted in the Regular Army (RA) for 3 years and 16 weeks on 20 July 2004.
2. The applicant reenlisted for 4 years on 12 October 2006.
3. On 26 September 2008, the applicant was separated with a general, under honorable conditions discharge under the provisions of paragraph 14-12c, Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), by reason of misconduct (serious offense).
4. The applicants DD Form 214 shows the following entries in Item 12 (Record of Service):
a. 12a (Date Entered AD This Period): 2004 11 12;
b. 12b (Separation Date This Period): 2008 09 26;
c. 12c (Net Active Service This Period): 0001 11 14;
d. 12d (Total Prior Active Service): 0001 11 01; and
e. 12e (Total Prior Inactive Service): 0000 06 19.
5. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. In October 1979, the regulation no longer required that a DD Form 214 be issued each time an enlisted Soldier was discharged for the purpose of immediate reenlistment. At the time, the regulation provided that, when a DD Form 214 was issued, item 12a would reflect the first day of the last immediate reenlistment for which a DD Form 214 was not issued.
6. Army Regulation 635-5 further states that for Item 12e, from previously issued DD Forms 214 and/or ERB [Enlisted Record Brief], enter the total amount of
prior inactive service, less lost time, if any. DEP time that began on or after
1 January 1985 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable service for completing the statutory military service obligation, and will be entered in block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his date of entry on active duty on his DD Form 214.
2. The applicant enlisted in the DEP on 23 April 2004. He separated from the DEP on 19 July 2004, giving him 2 months and 27 days of prior inactive service. In accordance with the applicable regulation, DEP time accrued after 1 January 1985 will not be entered in item 12e. However, the applicant's DEP time will be reflected in Item 18. Therefore, Item 18 should be corrected to appropriately show his DEP time. There is no evidence of record to show the applicant had any other period of inactive service except for his time in the DEP.
3. The applicant enlisted in the RA on 20 (not 21) July 2004. With an immediate reenlistment on 12 November 2006, he served until his involuntary discharge on
26 September 2008, giving him 4 years, 2 months, and 7 days of active service.
4. In view of the above, item 12 of the applicants DD Form 214 should read as follows:
a. 12a: 2004 07 20;
b. 12c: 0004 02 07;
c. 12d: 0000 00 00; and
d. 12e: 0000 00 00.
5. Additionally, since the applicant's DEP time occurred after 1 January 1985, the entry "PERIOD OF DEP (20040423 20040719)" should be added to item 18 of the applicant's 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 correcting Item 12 of his DD Form 214 for the period ending 26 September 2008, as follows:
a. 12a: 2004 07 20;
b. 12c: 0004 02 07;
c. 12d: 0000 00 00; and
d. 12e: 0000 00 00.
2. The Board further recommends that the individual's records be corrected by adding to item 18 of the applicant's DD Form 214 the entry " PERIOD OF DEP (20040423 20040719)."
_________x____________
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) AR20080019736
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ABCMR Record of Proceedings (cont) AR20080019736
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