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ARMY | BCMR | CY2009 | 20090002580
Original file (20090002580.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  18 June 2009

		DOCKET NUMBER:  AR20090002580 


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 that item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 January 2006 be changed from 13 June 2004 to 18 October 2004. 

2.  The applicant states he completed the Officer Basic Course (OBC) on 12 October 2004 and proceeded on mobilization orders on 18 October 2004.  He states that his OBC dates were from 13 June 2004 through 12 October 2004.  His mobilization DD Form 214 should be corrected to reflect 18 October 2004 through 18 January 2006.

3.  The applicant provides a copy of his DD Form 214 for the period ending 18 January 2006; his DD Form 214 for the period ending 12 October 2004; his mobilization orders, dated 2 September 2004; and his separation orders, dated 5 January 2006 in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Army National Guard in the rank of captain.  

2.  After having prior enlisted active and inactive service, the applicant was appointed as a Reserve commissioned officer on 8 May 2004 in the Army National Guard.

3.  Department of the Army, U.S. Army Human Resources Command, St. Louis, MO, Orders T-05-405682, dated 7 May 2004, show the applicant was ordered to active duty for training (ADT) with a reporting date of 14 June 2004 to attend the FA [Field Artillery] OBC at Fort Sill, OK.

4.  The applicant was released from ADT on 12 October 2004 and was transferred to the U.S. Army Reserve (USAR) Control Group on the following day.  His DD Form 214 for the period ending 12 October 2004 shows he entered active duty on 13 June 2004.

5.  Mississippi Military Department, The Adjutant General's Office, Jackson, MS, Orders 246-013, dated 2 September 2004, show the applicant was ordered to active duty in support of Operation Iraqi Freedom with a reporting date of
18 October 2004. 

6.  Department of the Army, Mobilization Center Shelby, Camp Shelby, MS, Orders 005-0050, dated 5 January 2006, released the applicant from active duty effective 18 January 2006 and transferred him back to his Army National Guard unit of assignment.

7.  Item 12a of his DD Form 214 for the period ending 18 January 2006 shows he entered active duty on 13 June 2004 and was released from active duty on 18 January 2006, which equates to 1 year, 7 months, and 6 days of net active service this period.  However, his DD Form 214 for the period ending 18 January 2006 shows he completed 1 year, 3 months, and 1 day of net active service this period.

8.  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 the beginning date of the continuous period of active duty will be entered in item 12a for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  It further directs that 
for item 12c, enter the amount of service this period, computed by subtracting item 12a from item 12b (Separation Date This Period), less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the Army National Guard on 8 May 2004.  He entered active duty on 13 June 2004 and attended FA OBC from 14 June 2004 through 12 October 2004.  The DD Form 214 he was issued properly covers this period of active duty service.  
2.  Orders published by The Adjutant General's Office, Jackson, MS, ordered the applicant to active duty effective 18 October 2004.  He was released from active duty on 18 January 2006.  However, his DD Form 214 for the period ending 18 January 2006 erroneously reflects he entered active duty this period on
13 June 2004.  

3.  Therefore, it would be appropriate to amend item 12a on the applicant's DD Form 214 for the period ending 18 January 2006 to show he entered active duty on 18 October 2004.

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 deleting from item 12a of his DD Form 214 for the period ending 18 January 2006 the entry "2004 06 13" and replacing it with the entry "2004 10 18."



      ________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)                                         AR20090002580



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ABCMR Record of Proceedings (cont)                                         AR20090002580



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