IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20090001451 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 March 2009 to show his total prior active service and his total prior inactive service.  

2.  The applicant states that he was given a DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes) on 7 October 2008.  He states this form was completed at the Human Resources Office at Fort Campbell, KY and given to the Finance Office.  He alleges that the changes do not appear on his DD Form 214.  

3.  The applicant provides a copy of his DA Form 1506 and his DD Form 214 for the period ending 22 March 2009 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 14 January 1988 and was discharged on 10 April 1989.  He was ordered to initial active duty training (IADT) during the period 26 May 1988 through 5 December 1988 (6 months and 10 days active service).  

2.  He enlisted in the Regular Army on 11 April 1989 and was discharged on 22 January 1993.  His DD Form 214 for the period ending 22 January 1993 shows he completed 3 years, 9 months, and 12 days total active military service during this period.  

3.  After a break in service, the applicant enlisted in the Army National Guard again on 31 January 2004.  

4.  The applicant was ordered to active duty for training (ADT) on 28 May 2004.  He was released from ADT on 21 September 2004 on temporary records.  His DD Form 214 for the period ending 21 September 2004 shows he completed 3 months and 24 days total active service during this period.  

5.  The applicant was ordered to active duty on 29 September 2004 in support of Operation Iraqi Freedom.  He was released from active duty on 28 January 2006 and was transferred back to his Army National Guard unit on the following day.  His DD Form 214 for the period ending 28 January 2006 shows he completed 1 year and 4 months total active military service during this period.

6.  He was discharged from the Army National Guard and as a Reserve of the Army on 14 June 2006.  He completed 2 years, 4 months, and 14 days net service this period.  

7.  The applicant enlisted in the Regular Army on 15 June 2006 and was discharged on 22 March 2009 under the provisions of Army Regulation 635-40, chapter 4 by reason of physical disability with severance pay, combat related.  Item 12f (Date Entered Active Duty This Period) of his DD Form 214 for the period ending 22 March 2009 erroneously shows he entered active duty on 29 September 2004 this period.

8.  Item 12c (Net Active Service This Period) on his DD Form 214 for the period ending 22 March 2009 shows he completed 2 years, 9 months, and 8 days net active service this period.  

9.  Item 12d (Total Prior Active Service) on his DD Form 214 for the period ending 22 March 2009 shows he completed 4 years, 3 months, and 22 days total prior active service.

10.  Item 12e (Total Prior Inactive Service) on his DD Form 214 for the period ending 22 March 2009 shows he completed 3 years, 1 month, and 1 day total prior inactive service.

11.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part it directs that total prior active service less lost time will be entered in item 12d.  It also directs that the total prior inactive service less lost time will be taken from previously issued DD Forms 214 and the total amount will be entered in item 12e.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Army National Guard from 14 January 1988 through 10 April 1989. During this period, he completed IADT from 26 May 1988 through 5 December 1988 (6 months and 10 days active service) with 8 months and 17 days inactive service.  

2.  The applicant served in the Regular Army from 11 April 1989 through 22 January 1993 (3 years, 9 months, and 12 days active service).

3.  The applicant served in the Army National Guard again from 31 January 2004 through 14 June 2006.  During this period, he served on active duty from 28 May 2004 through 21 September 2004 (3 months and 24 days active service) and from 29 September 2004 through 28 January 2006 (1 year and 4 months active service) with 8 months and 20 days inactive service.  

4.  The applicant served in the Regular Army again from 15 June 2006 through 22 March 2009, which is a period of 2 years, 9 months, and 8 days net active service.  His DD Form 214 for the period ending 22 March 2009 incorrectly reflects he entered active duty on 29 September 2004 instead of 15 June 2006.  

5.  The applicant's DD Form 214 for the period ending 22 March 2009 shows 4 years, 3 months, and 22 days total prior active service and 3 years, 1 month, and 1 day total prior inactive service.  As any annual and/or weekend training the applicant may have accomplished prior to the date he entered active duty on 15 June 2006 cannot be determined from the available records, his records should be reviewed to determine his prior active and prior inactive service as of 22 March 2009 and his DD Form 214 for the period ending 22 March 2009 should be corrected accordingly.  

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 the DD Form 214 for the period ending 22 March 2009 of the individual concerned be corrected by amending item 12a to show the entry "2006 06 15."

2.  The U.S. Army Human Resources Command (HRC) – St. Louis should review his total prior active service and total prior inactive service as of 22 March 2009.  Items 12d and 12e on his DD Form 214 for the period ending 22 March 2009 should then be amended to show he completed the appropriate total prior active service and total prior inactive service as determined by HRC- St. Louis.  




      _______ _   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)                                         AR20090001451





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ABCMR Record of Proceedings (cont)                                         AR20090001451



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