IN THE CASE OF:	  

		BOARD DATE:	        21 MAY 2009

		DOCKET NUMBER:  AR20090006072 


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, correction of his record of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states that his DD Form 214 for his enlistment from 15 May 2000 to 14 May 2004 shows he served 8 years during that enlistment.  He contends that he only served 4 years net active service during that period.  He had 4 years of prior service from 8 July 1985 to 7 July 1989 in the U.S. Air Force and completed 4 years military service obligation.  He states he did not serve in the U.S. Army anymore until May 2000.  

3.  The applicant provides an addendum and the following documents in support of his application:  three DD Forms 4/1 (Enlistment/Reenlistment Document), dated 15 May 2000, 30 December 2004, and 2 February 2006; his DD Form 214 for the period ending 14 May 2004; and his DD Form 214 for the period ending 7 July 1989 from the U.S. Air Force.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank/grade of staff sergeant (SSG)/E-6.

2.  The applicant enlisted in the U.S. Air Force on 8 July 1985 and was released from active duty on 7 July 1989 and transferred to the U.S. Air Force Reserve to 


complete his remaining Reserve obligation.  His DD Form 214 for the period 
ending 7 July 1989 shows he completed 4 years of active military service during this period and 3 months and 24 days total prior inactive service.  

3.  The applicant enlisted in the Regular Army on 15 May 2000 for a period of 4 years.  

4.  The applicant was discharged on 14 May 2004 at the completion of his required active service.  Item 12a (Date Entered Active Duty This Period) of his DD Form 214 for the period ending 14 May 2004 shows he entered active duty on 15 May 1996.  

5.  Item 12c (Net Active Service This Period) of his DD Form 214 for the period ending 14 May 2004 shows he completed 8 years net active service during the period covered by the report.  

6.  Item 12d (Total Prior Active Service) of his DD Form 214 for the period ending 14 May 2004 shows he completed 4 years total prior active service.  Item 12e (Total Prior Inactive Service) does not reflect any prior inactive service.

7.  Item 18 (Remarks) of his DD Form 214 for the period ending 14 May 2004 shows the entry "REENLISTMENTS THIS PERIOD -- 2000515-20040514."

8.  The applicant signed a DD Form 4/1 for enlistment in the Regular Army on 30 December 2004 for a period 3 years.

9.  The applicant signed a DD Form 4/1 for reenlistment in the Regular Army on 2 February 2006 for an indefinite period.  The Remarks section of this enlistment contract indicates that this was his third reenlistment.  

10.  Army Regulation 635-5 (Separation Documents) directs that the beginning date of the continuous period of active duty will be entered in item 12a for issuance of a DD Form 214 for which a DD Form 214 was not previously issued.  It directed that the total active service will be entered in item 12c and the total inactive service will be entered in item 12e of the DD Form 214.  It also states to enter in item 18, for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)."  



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for his enlistment from 15 May 2000 to 14 May 2004 shows he served 8 years during this period, but he only served 4 years net active service during this period.  

2.  The applicant initially served in the U.S. Air Force from 8 July 1985 to 7 July 1989.  This period of 4 years active military service is properly recorded as prior active service in item 12d of his DD Form 214 for the period ending 14 May 2004.  

3.  The applicant enlisted in the Regular Army on 15 May 2000 for a period of 4 years and was discharged on 14 May 2004 at the completion of his required active service.  However, his DD Form 214 for the period ending 14 May 2004 erroneously shows he entered active duty on 15 May 1996 (it appears the clerk used the applicant's basic active service date rather than the date he enlisted) and completed 8 years total active service during this period.  

4.  It appears that administrative errors have occurred in this case regarding the applicant's record of service.  Therefore, it would be appropriate to amend item 12a on the applicant’s DD Form 214 for the period ending 14 May 2004 to show he entered active duty on "2000 05 15" and to amend item 12c to show the entry "0004 00 00."

5.  The applicant's prior inactive service of 3 months and 24 days is not recorded in item 12e of his DD Form 214 for the period ending 14 May 2004.  Therefore, it would also be appropriate to amend item 12e of his DD Form 214 for the period ending 14 May 2004 to show the entry "0000 03 24."

6.  It would also be appropriate to delete the entry "REENLISTMENTS THIS PERIOD -- 2000515-20040514" from item 18 of his DD Form 214 for the period ending 14 May 2004 since he did not have more than one enlistment period during the period covered by this DD Form 214.

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 the DD Form 214 for the period ending 14 May 2004 of the individual concerned be corrected by:

	a.  deleting from item 12a the entry "1996 05 14" and replacing it with the entry "2000 05 15";

	b.  deleting from item 12c the entry "0008 00 00" and replacing it with the entry "0004 00 00"; and
	
   c.  deleting from item 12e the entry "0000 00 00" and replacing it with the entry "0000 03 24."

	d.  deleting from item 18 the entry "REENLISTMENTS THIS PERIOD -- 2000515-20040514."



      ________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)                                         AR20090006072



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006072



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1