IN THE CASE OF:	

		BOARD DATE:	  14 April 2009

		DOCKET NUMBER:  AR20080020099 


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 the entry date in item 12a (Date Entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 December 2005 be corrected to show he entered active duty (AD) on 19 July 2000 instead of 1 March 2000.  He also requests that his pay entry basic date (PEBD) be corrected.

2.  The applicant states, in effect, the entry in item 12a of his DD Form 214 and his PEBD are incorrect.

3.  The applicant provides, in support of his application, copies of his enlistment contract for 19 July 2000 and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he initially enlisted in the Missouri Army National Guard (MOARNG) on 16 July 1997 for a period 
of 8 years.  He completed 4 months and 18 days of initial active duty for training (IADT) and on 18 July 2000 he was honorably discharged from the MOARNG.  There is no record of time lost.

2.  On 19 July 2000, the applicant enlisted in the Regular Army for a period 
of 3 years and served until he was honorably discharged on 18 December 2002 for immediate reenlistment (no DD Form 214 was issued).  On 19 December 2002, he reenlisted for a period 3 years.

3.  On 18 December 2005, the applicant was discharged by reason of completion of required active service.  Item 12a of his DD Form 214 shows that he entered this period of active service on 1 March 2000.  Item 12c (Net Active Service This Period) contains the entry 0005 09 18 (5 years, 9 months, and 18 days).

4.  On 10 February 2006, the applicant enlisted in the MOARNG for a period 
of 6 years.  He was mobilized in support of Operation Enduring Freedom during the period from 18 July 2007 to 14 July 2008.

5.  On 17 July 2008, the applicant enlisted in the Regular Army for a period 
of 3 years and continues to serve in this status.

6.  The Service Data area of the applicant's record in the iPERMS (integrated Personnel Electronic Records Management System) reflects his PEBD 
as 19 May 2001.

7.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  This regulation stated, in pertinent part, that effective 1 October 1979, DD Forms 214 would no longer be issued for enlisted members who are discharged for immediate reenlistment in the Regular Army and that all service would be continuous from the date the last DD Form 214 was issued.

8.  The Department of Defense Financial Management Regulation (DODFMR) stipulates the policy, regulation and procedures within the area of responsibility of the Under Secretary of Defense (Comptroller).  Volume 7A provides statutory procedures for entitlements, deductions and collections and establishes DOD policy on the pay and allowances of military personnel.  Chapter 1, Volume 7A covers creditable service.  This Chapter notes that the military pay and personnel systems use a variety of dates to determine various entitlements, including the date which denotes how much service a member has for the purpose of determining longevity pay rates.  The Army refers to this as the pay entry basic date.  The member’s servicing personnel office is responsible for providing a statement of service which can include the basic pay date and a variety of other dates.  Paragraph 010101 breaks down all service periods creditable towards longevity.  It includes active or inactive service in any of a number of listed components without restriction, to include the Air Force, Army, Naval, Marine Corps, Coast Guard Reserves, and Army National Guard.




DISCUSSION AND CONCLUSIONS:

1.  The records show that on 1 March 2000 the applicant was still serving in the MOARNG.  Therefore, the entry in item 12a of his DD Form 214 with a separation date of 18 December 2005 is clearly in error.

2.  The applicant enlisted in the Regular Army on 19 July 2000 and served until he was honorably discharged for immediate reenlistment on 18 December 2002.  No DD Form 214 was issued at the time of separation.  On 19 December 2002, he reenlisted and served until he was honorably discharged on 18 December 2005.  This DD Form 214 should have covered his entire period of active service from 19 July 2000 to 18 December 2005.  Therefore, the correct entry for item 12a of his DD Form 214 is 2000 07 19 (2000 July 19).  In addition, his active service during the period now covered by the DD Form 214 is recomputed to be 5 years and 5 months.  Therefore Item 12c should be 0005 05 00 (5 years, 
5 months, and 00 days.

3.  The applicant's first period of continuous service was from 16 July 1997 to 
18 December 2005, a period of 8 years, 5 months, and 3 days.  He did not have a military status from 19 December 2005 through 9 February 2006.

4.  When the applicant enlisted in the MOARNG on 10 February 2006, after a break in service, his first unit should have adjusted his PEBD by subtracting his
8 years, 5 months, and 3 days of previous service from his enlistment date of 
10 February 2006 to adjust his PEBD.  Therefore, it is appropriate to correct the applicant's PEBD to 7 September 1997 with entitlement to any pay and allowances that are due as a result of this action.

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.  deleting the entry that is in item 12a of the DD Form 214, issued on 
18 December 2005;

   b.  adding the entry 2000 07 19 to item 12a;

   c.  deleting the entry that is in item 12c; and

   d.  adding the entry 0005 05 00 to item 12c.

2.  The individual's PEBD should also be corrected to show 7 September 1997.

3.  Additionally, the Defense Finance and Accounting Office should audit the applicant's pay records and provide the applicant any pay and allowances due based on the above corrections.




      _______ _ 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)                                         AR20080020099



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ABCMR Record of Proceedings (cont)                                         AR20080020099



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