IN THE CASE OF:
BOARD DATE: 4 JUNE 2009
DOCKET NUMBER: AR20090002182
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 inactive service.
2. The applicant states, in effect, that he previously completed 4 years, 11 months, and 28 days of active service and 8 months and 18 days of inactive service which is not shown on his DD Form 214.
3. The applicant provides copies of his DD Forms 214, dated 9 June 2007 and 18 June 2008; a copy of his DD Form 4 (Enlistment/Reenlistment Contract), dated 7 June 2007; and a copy of Orders 08-066-0004, issued by Headquarters 119th Aviation Command, Fort Knox, KY, on 6 March 2008, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army for a period of 4 years on 12 June 2002. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 68W (Health Care Specialist). He was retained in service for 363 days for the convenience of the Government and was honorably released from active duty in the rank/grade of sergeant (SGT) on 9 June 2007 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
2. The DD Form 214 he was issued shows he completed 4 years, 11 months, and 28 days of creditable active military service.
3. The applicant subsequently entered active duty on 28 February 2008 and completed Officer Candidate School (OCS). He was honorably discharged on 18 June 2008 to accept a commission in the Army.
4. The DD Form 214 he was issued shows he completed 3 months and 21 days of creditable active military service during this period. Item 12d (Total Prior Active Service) and item 12e (Total Prior Inactive Service) of this form show the entries See Block # 18. Item 18 (Remarks) states DD Form 215 (Correction to DD Form 214) will be issued to provide missing information.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that 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. Item 12d is obtained from previously issued DD Forms 214 and shows the total amount of prior active military service less lost time, if any. If not applicable, enter 00 00 00. Item 12e is obtained from previously issued DD Forms 214 and/or ERB/ORB, shows the total amount of prior inactive service, less lost time, if any. DEP 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 MSO, and will be entered in block 18. Item 18 is used for mandatory requirements when a separate block is not available, and as a continuation for selected entries.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should show his prior active and inactive service.
2. The evidence of records shows that the applicant initially enlisted in the Regular Army on 12 June 2002 and was released from active duty on 9 June 2007. He completed 4 years, 11 months, and 28 days of active service which is not shown on his second DD Form 214; therefore, he is entitled to correction of his DD Form 214, dated 18 June 2008, to show his prior active service.
3. The evidence of record also shows the applicant was released from active duty and transferred to the USAR Control Group on 10 June 2007. He remained in that component until 28 February 2008 when he entered active duty and completed OCS. He completed 8 months and 18 days of inactive service and he is entitled to correction of his DD Form 214, dated 18 June 2008, to show his prior inactive service.
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 his DD Form 214, dated 18 June 2008, and adding the entry 0004 11 28; and
b. deleting the entry See Block #18 from item 12e of his DD Form 214, dated 18 June 2008, and adding the entry 0000 08 18.
_______ _ _xxx______ ___
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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