IN THE CASE OF:
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090005104
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 December 2008 be corrected to show his actual date entered active duty (AD) in Item 12a (Date entered Active Duty This Period).
2. The applicant states he initially enlisted on 28 May 2003. This period of service ended with his placement on the temporary disability retired list (TDRL) on 29 December 2005. On 28 December 2007, he was declared fit for duty and removed from the TDRL. He enlisted on 30 January 2008 and that is the date that should be in Item 12a of the subject DD Form 214.
3. The applicant provides:
a. a typed self-authored statement;
b. a copy of the subject DD Form 214 for the period from 28 May 2003 through 23 December 2008;
c. a copy of a DD Form 214 for the period from 28 May 2003 through
29 December 2005 for a total of 2 years, 7 months, and 2 days;
d. a copy of a DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 2 November 2007, finding him physically fit, and including a letter from the U.S. Army Physical Evaluation Board, Tacoma, WA and Orders D332-08, U.S. Army Physical Disability Agency, Washington, DC, dated 27 November 2007, removing him from the TDRL;
e. a copy of his DD Form 4/1 and 4/2 (Enlistment/Reenlistment Document Armed Forces of the United States) showing his enlistment for 3 years and
2 weeks beginning in pay grade E-1 on 30 January 2008;
f. a copy of Orders 802932, Military Entrance Processing Station, Sacramento, CA, dated 29 January 2008, enlisting him for 3 years effective
30 January 2008; and
g. Orders 275-0001, Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, TX, dated 1 October 2008, discharging him on 23 December 2008 and placing him, once again, on the TDRL.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army (RA) for 2 years, 7 months, and 2 days during the period 28 May 2003 through 29 December 2005. He received a DD Form 214 for this period of service. On 30 December 2005, he was placed on the TDRL and subject to periodic medical reevaluation.
2. Following a reevaluation on 2 November 2007, the applicant was found to be fit for duty and he was removed from the TDRL. With his removal, he was given the option to enlist in the RA within 90 days. He exercised that option and enlisted for 3 years on 30 January 2008.
3. During his second period of active duty, he underwent another PEB, he was found unfit for duty, and he was discharged by reason of retirement on
23 December 2008 and again placed on the TDRL.
4. The applicants second and subject DD Form 214 shows in Item 12a, the date "2003 05 28." It shows in Item 12b (Separation Date This Period), the date
"2008-12-23." It shows in Item 12c (Net Active Service This Period), the entry "0000 [years], 10 [months], 25 [days]." It shows in Item 12d (Total Prior Active Service), the entry "0002 [years], 07 [months], 02 [days]."
5. 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 and establishes standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty and provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge. Instructions for completing Item 12a state Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants the subject DD Form 214 (28 May 2003 through
23 December 2008) corrected.
2. The applicants DD Form 214 for his first period of AD (28 May 2003 through 29 December 2005) is correct.
3. The applicants second period of AD began on 30 January 2008 and ended on 23 December 2008. As such, the subject DD Form 214 is incorrect. Therefore, the applicant's DD Form 214 for this period of service should be corrected to show he entered AD this period on 30 January 2008. All other entries in Item 12 (Record of Service) on this DD Form 214 are correct.
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 23 December 2008 the entry "2003 05 28" and replacing it with the entry "2008 01 30."
_________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) AR20090005104
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090005104
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