DOCKET NUMBER:  AR20090001880 


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 item 12a (Date Entered Active Duty (AD) This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 September 2007 to show her date of entry on active duty as 30 January 2007.

2.  The applicant states, in effect, that item 12a on her DD Form 214 erroneously shows that she entered on active duty on 29 October 2001 and that she needs this error corrected for reenlistment purposes.

3.  The applicant provides in support of her application a copy of a “REDD Report,” dated 22 December 2008; and a copy of her DD Form 214 for the period ending 18 September 2007.

CONSIDERATION OF EVIDENCE:

1.  On 29 October 2001, the applicant enlisted in the Regular Army (RA) in Houston, Texas, for 4 years, in the pay grade of E-1.  She successfully completed her training as an automated logistical specialist and she was promoted through the ranks to specialist (E-4).

2.  On 18 February 2004, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood.  She had completed 2 years, 3 month and 20 days of net active service and she was furnished a DD Form 214 to reflect this period of service.

3.  On 30 January 2007, the applicant again enlisted in the RA for 3 years, in pay grade E-4 and for her prior military occupational specialty (MOS) 92A (Automated Logistical Specialist).  After completing 7 months and 20 days of net active service this period, the applicant was honorably discharged on 
18 September 2007, under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood.

4.  The DD Form 214 that the applicant was furnished, on 18 September 2007, erroneously shows she entered AD this period on 29 October 2001; that she completed 5 years, 10 months and 20 days of net active service this period; that she had no total prior active service; that she had 5 years and 6 months of service in her Automated Logistical Specialty MOS; and that she had completed her first full term of service in the RA.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.  It also provides, in pertinent part, that for:

	a.  item 11 (Primary Specialty) enter the titles of all MOSs or areas of concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months service (16 days or more count as a month). This information is taken from the Enlisted Record Brief/Officer Record Brief. 

	b.  item 12a 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; and

	c.  item 12c (Net Active Service This Period) enter the amount of service this period, computed by subtracting item 12a from 12b.

6.  Army Regulation 635-5 (Separation Documents), paragraph 2-4h, Item 18 (Remarks) states that the entry “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE” is a mandatory entry.  This information assists the State in determining eligibility for unemployment compensation entitlement.  Paragraph 2-4h(18)(b)1 states that, routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service.  However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 12a on her DD Form 214 for the period ending 18 September 2007 should be corrected to show she entered AD this period on 30 January 2007.

2.  The applicant’s contentions have been considered and have been substantiated by the evidence of record.  The applicant’s enlistment contract clearly shows she enlisted in the Army for the second time for 3 years on          30 January 2007 and her DD Form 214 for the period ending 18 September 2007 should be corrected to reflect this information in item 12a of the DD Form 214.

3. The error made on the applicant’s DD Form 214, item 12a resulted in the miscalculation of the net active service in item 12c; total prior active service in item 12d; and the years of service shown in item 11 of the DD Form 214.  The error also resulted in incorrect remarks being reflected in item 18 of the DD Form 214.  

4.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

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 making the following changes on the individual's DD Form 214 ending on 
18 September 2007:

   a.  deleting from item 11 the entry “5 YRS 6 MOS” and adding to item 11 the entry "8 MOS";


   b.  deleting from item 12a the entry "2001 10 29" and adding to item 12a the entry "2007 01 30";

   c.  deleting from item 12c the entry "0005 10 20" and adding to item 12c the entry "0000 07 20";

   d.  deleting from item 12d (Total Prior Active Service) the entry "0000 00 0000" and adding to item 12d the entry "0002 03 20"; and 

   e.  deleting from item 18 the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE" and adding the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."




      _______ _   _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)                                         AR20090001880



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ABCMR Record of Proceedings (cont)                                         AR20090001880



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