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ARMY | BCMR | CY2008 | 20080019747
Original file (20080019747.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  5 May 2009

		DOCKET NUMBER:  AR20080019747 


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 and prior inactive service.

2.  The applicant states that his DD Form 214 contains administrative errors.

3.  The applicant provides copies of his DD Forms 214 for the periods ending 6 December 2002, 8 May 2004, and 30 December 2006 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 20 February 2002.  He subsequently entered active duty for training (ADT) on 4 June 2002, completed basic combat and advanced individual training, and was awarded military occupational specialty 91S (Preventive Medicine Specialist).  He was honorably released from active duty to the control of his USAR unit on 6 December 2002.

2.  Item 12c (Net Active Service This Period) of the DD Form 214 he was issued for the period ending 6 December 2002 shows he completed 6 months and 3 days of active service and item 12e (Total Prior Inactive Service) shows he completed 3 months and 14 days of inactive service.

3.  On 10 March 2003, the applicant was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Kuwait/Iraq from 13 April 2003 to 7 April 2004.  He was honorably released from active duty to the control of his USAR unit on 8 May 2004.  The DD Form 214 he was issued for the period ending 8 May 2004 shows he completed 1 year, 1 month, and 29 days of creditable active military service.  Furthermore, item 12d (Total Prior Active Service) shows the entry "0000  06  03" and item 12e shows the entry 
"0000  06  17."

4.  On 24 September 2005, the applicant was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Kosovo from 13 December 2005 to 2 December 2006.  He was honorably released from active duty to the control of his USAR unit on 30 December 2006.

5.  The DD Form 214 he was issued for the period ending 30 December 2006 shows he completed 1 year, 3 months, and 7 days of creditable active military service during this period.  Furthermore, items 12d and 12e of this form show the entry "SEE BLOCK #18."  Item 18 (Remarks) does not show his periods of prior active service and prior inactive service but does state that a DD Form 215 (Correction to DD Form 214) will be issued to provide missing information.

6.  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 his or her 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.  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.  A breakdown of entries in item 12 is as follows.

	a.  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.

	b.  Item 12b shows the Soldier’s transition date, which may not be the contractual date if Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained for the convenience of the Government.

	c.  Item 12c shows the amount of service this period computed by subtracting item 12a from 12b.

	d.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.

	e.  Item 12e is obtained from previously issued DD Forms 214 and/or Enlisted Record Brief/Officer Record Brief, shows the total amount of prior inactive service less lost time, if any.  Delayed Entry Program 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 30 December 2006 should be corrected to show his prior active and prior inactive service.

2.  The evidence of record shows that the applicant completed 6 months and 3 days of active service during his ADT and 1 year, 1 month, and 29 days of active service during his first call to active duty for a total of 1 year, 8 months, and 2 days which is not shown on his DD Form 214 for the period ending 30 December 2006.  Therefore, he is entitled to correction of that DD Form 214 to show his prior active service.

3.   The evidence of record shows that the applicant performed 1 year, 11 months, and 2 days of prior inactive service, as indicated below, which is not shown on his DD Form 214 for the period ending 30 December 2006.  Therefore, he is entitled to correction of that DD Form 214 to show his prior inactive service.

	a.  He performed 3 months and 14 days of inactive service from the date he enlisted in the USAR on 20 February 2002 to the date prior to being called to ADT on 4 June 2002; 

	b.  He performed 3 months and 3 days of inactive service from the date after being released from ADT on 6 December 2002 to the date prior to being ordered to active duty on 10 March 2003; and 

	c.  He performed 1 year, 4 months, and 15 days, of inactive service from the date after being released from active duty on 8 May 2004 to the date prior to being ordered to active duty on 24 September 2005.


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:

	a.  deleting the entry "SEE BLOCK #18" from item 12d of the applicant's DD Form 214 for the period ending 30 December 2006 and adding the entry "0001  08  02"; and

	b..  deleting the entry "SEE BLOCK #18" from item 12e of the applicant's DD Form 214 for the period ending 30 December 2006 and adding the entry "0001  11  02."



      ___________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.

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ABCMR Record of Proceedings (cont)                                         AR20080019747



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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