IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090000510
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 Item 12a (Date Entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 31 December 2008 be corrected.
2. The applicant states, in effect, that the date listed in Item 12a of his DD Form 214 is incorrect due to a typographical error.
3. The applicant provides copies of his DD Forms 214, issued on 19 November 1985 and 31 December 2008, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he initially enlisted in the United States Army Reserve (USAR) for a period of 8 years on 15 May 1985.
2. On 1 August 1985, the applicant was ordered to active to duty to complete active duty training. He served on active duty 3 months and 19 days and on
19 November 1985 he was honorably released and transferred to the USAR.
3. A DD Form 4 (Enlistment/Reenlistment Document) contained in the applicant's Official Military Personnel File (OMPF) shows he enlisted in the USAR Delayed Entry Program (DEP) on 11 July 1986. The applicant was separated from the DEP and he entered the Regular Army (RA) on 24 July 1986.
4. On 31 December 2008, the applicant was honorably released from active duty (REFRAD) for the purpose of length of service retirement. Item 12a of the DD Form 214 he was issued shows he entered active duty on 2 June 1985. Item 12b (Separation Date this Period) shows he was REFRAD on 31 December 2008. Item 12c (Net Active Service This Period) shows he completed a total of 22 years, 5 months and 7 days of creditable active military service during the period covered by the DD Form 214.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2 contains instructions for preparation of the DD Form 214. The instructions for item 12a state to enter 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Item 12a on his 31 December 2008 DD Form 214 is incorrect was carefully considered and found to have merit. By regulation, Item 12a of the DD Form 214 will contain the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.
2. The evidence of record confirms the applicant entered active duty in the RA and began his last continuous period of active duty service on 24 July 1986, as evidence by the DD Form 4 on file. As a result, it is clear the entry in item 12a of his DD Form 214 which indicates he entered active duty service on 2 June 1985 was erroneous and was likely the result of an administrative error. As a result, it would be appropriate to correct item 12a of the applicant's 31 December 2008 DD Form 214 to show he entered active duty service on 24 July 1986.
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 in Item 12a of his DD Form 214, issued on 31 December 2008, and replacing it with the entry "19860724"; and
b. providing the applicant a correction to his DD Form 214 that includes this change.
_______ _ 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) AR20090000510
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