IN THE CASE OF:
BOARD DATE: 27 MAY 2009
DOCKET NUMBER: AR20090003128
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 AD (active duty) This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 2004 be corrected to show the date he entered on active duty on 20 August 2004 instead of 20 August 2003.
2. The applicant states that he was on active duty under other orders in 2003 and that he was not released from active duty until January 2004. He was called back to active duty on 20 August 2004.
3. The applicant provides in support of his application a copy of his DD Form 214 for his period of active duty service ending on 30 January 2004 and a copy of his DD Form 214 for his period of active duty service ending 31 December 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Kansas Army National Guard (KSARNG) on 2 June 1982, for 6 years, in the pay grade of E-1. He successfully completed his training as an equipment records and parts specialist. He remained a member of the KSARNG through a series of extensions.
2. On 13 February 2003, Orders 028-067 were published ordering the applicant to active duty in support of Operation Enduring Freedom effective 17 February 2003.
3. After completing 11 months and 14 days of net active service this period, the applicant was released from active duty (REFRAD) on 30 January 2004 and he returned to his home station in Kansas. He was furnished a DD Form 214 to reflect this period of active duty service.
4. On 12 August 2004, Orders 225-290 were published ordering the applicant to active duty in support of Operation Iraqi Freedom effective 20 August 2004.
5. After completing 4 months and 12 days of net active service the applicant was REFRAD on 31 December 2004 and he returned to his home station in Kansas. He was furnished a DD Form 214 at the time of his REFRAD and item 12a on his DD Form 214 shows he entered active duty on 20 August 2003. Item 12c (Net Active Service this Period) shows he completed 1 year, 4 months, and 11 days during this period of service.
6. A review of the available evidence shows that the applicant is currently in the Retired Reserve.
7. 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 12a on his DD Form 214 for the period ending 31 December 2004 should be corrected to show the date he entered on active duty as 20 August 2004 instead of 20 August 2003.
2. The applicants contentions have been noted and have been substantiated by the evidence of record. His records show that Orders 225-290 was published on 12 August 2004 ordering him to active duty with an effective date of 20 August 2004.
3. There were errors made during the preparation of the applicant's DD Form 214 for the period ending 31 December 2004, which resulted in the incorrect date of entry on active duty and the incorrect net active service this period being reflected therein.
4. Clearly the applicant entered on active duty on 20 August 2004 and his DD Form 214 should be corrected accordingly. Inasmuch as he was REFRAD on 31 December 2004, he completed 4 months and 12 days of net active service this period. His DD Form 214 should also be corrected to reflect this information.
5. In view of the foregoing, it would now be in the interest of justice to correct the applicants 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 amending item 12a. on his DD Form 214 for the period of service ending 31 December 2004 to show that he entered on active duty on 20 August 2004 and item 12c. to show that he had 4 months and 12 days of net active service this period.
_______ _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.
ABCMR Record of Proceedings (cont) AR20090003128
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