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ARMY | BCMR | CY2009 | 20090002922
Original file (20090002922.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  12 May 2009

		DOCKET NUMBER:  AR20090002922 


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 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 15 February 2002, be corrected.  

2.  The applicant states, in effect, that the total prior inactive service entered in Item 12e of the DD Form 214 in question is incorrect and should be corrected to include his inactive service from 23 March through 21 October 2001.  

3.  The applicant provides a DD Form 4 (Enlistment/Reenlistment Document), 
DA Form 1506 (Statement of Service), and DD Form 214 in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that as of the date of his application to the Board, he was serving on active duty in a commissioned officer status, in the rank of first lieutenant (1LT).  

2.  The applicant's record shows he enlisted in the United States Army Reserve (USAR) for 8 years, in the rank of private/E-1 (PV1), on 24 March 2001.  


3.  On 22 October 2001, the applicant entered active duty to attend initial active duty for training (IADT) at Fort Leonard Wood, Missouri.  He served on active duty until being honorably released from active duty (REFRAD) and returned to his USAR unit on 15 February 2002.  

4.  The DD Form 214 issued to the applicant upon his REFRAD on 15 February 2002, shows he completed a total of 3 months and 24 days of active duty service during the period covered by the DD Form 214 (22 October 2001-15 February 2002) in Item 12c (Net Active Service This Period).  Item 12d (Total Prior Active Service) shows he completed no prior active duty service, and Item 12e shows he completed a total of 6 months and 22 days of prior inactive service.  

5.  The applicant entered into a Reserve Officers' Training Corps (ROTC) contract on 21 January 2005, and on 22 June 2007, he was appointed a second lieutenant in the USAR, and entered active duty in that status.  He was promoted to 1LT on 26 November 2008, and is currently serving in that rank on active duty.

6.  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.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for Item 12e state to enter the total amount of prior inactive service, less lost time.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the total prior inactive service entered in Item 12e of his 15 February 2002 DD Form 214 is in error and should reflect he completed 6 months and 28 days of prior inactive service was carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant enlisted in and entered the USAR on 24 March 2001 and he served in an inactive status until 21 October 2001, this inactive service equals 6 months and 28 days.  He entered active duty on 22 October 2001.  As a result, it would be appropriate to correct the DD Form 214 in question accordingly. 


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 amending Item 12e of his 15 February 2002 DD Form 214 by deleting the current entry and replacing it with the entry "0000  06  28"; and by providing him 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)                                         AR20090002922



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ABCMR Record of Proceedings (cont)                                         AR20090002922



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