BOARD DATE:	  27 August 2009

		DOCKET NUMBER:  AR20090006859 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a period of prior active service that matches that shown on his DA Form 2339 (Application for Voluntary Retirement). 

2.  The applicant states, in effect, that the entry on his DD Form 214 should match the entry on his DA Form 2339.

3.  The applicant provides copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty/Report of Separation from Active Duty), dated 31 July 2006, 21 February 1987, 3 May 1986, and 7 August 1979; a copy of his DA Form 2339, dated 17 January 2006; and a copy of Orders C-01-690095, issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO, on 17 January 2006, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army (RA) for a period of 4 years on 8 August 1975.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76Y (Supply Specialist). He was honorably released from active duty on 7 August 1979 and transferred to the U.S. Army Reserve (USAR) Control Group for completion of his Reserve obligation.  The DD Form 214 he was issued at that time shows he completed 4 years of creditable active military service.

2.  The applicant’s records also show he enlisted in the USAR for a period of 5 years on 19 September 1982.  He subsequently entered active duty for training (ADT) on 2 February 1986 and completed training for MOS 91A (Medical Specialist).  He was honorably released from ADT to the control of his USAR unit on 3 May 1986.  The DD Form 214 he was issued shows he completed 3 months and 1 days of creditable active military service during this period of service.  This form also shows he had 4 years of prior active service.

3.  On 26 August 1986, the applicant reentered ADT and completed training for MOS 91B (Medical Specialist).  He was honorably released from ADT on 21 February 1987.  The DD Form 214 he was issued shows he completed 5 months and 26 days of creditable active military service during this period of service and that he had 4 years, 3 months, and 1 day of prior active service, for a total of 4 years, 8 months, and 28 days of creditable active service.

4.  On 19 June 1988, the applicant executed a 6-year reenlistment in the USAR.  He was subsequently ordered to active duty in the Active Guard Reserve (AGR) program on 8 September 1991.  He also executed another 6-year reenlistment in the USAR on 18 June 1996 and was promoted to staff sergeant (SSG)/E-6 on 1 August 2000.

5.  On 17 January 2006, the applicant submitted an application for voluntary retirement.  Item 14 (Chronological Dates of Military Service) of this DA Form 2339 shows he was credited with 20 year and 18 days of active service as follows: 

	a.  he was credited with 4 years of active service for his RA service from 8 August 1975 to 7 August 1979;

	b.  he was credited with 1 year, 1 month, and 25 days of active service completed during his USAR service from 8 August 1979 to 7 September 1991; and

	c.  he was credited with 14 years, 10 months, and 23 days of active service for his AGR service from 8 September 1991 to 31 July 2006.

6.  The applicant’s records also show he was honorably released from active duty on 31 July 2006 and placed on the retired list in his retired grade of SSG on 1 August 2006.  The DD Form 214 he was issued shows the following entries:

	a.  Item 12a (Date Entered Active Duty (AD) This Period) shows the entry "1986  02  02";

	b.  Item 12b (Separation Date This Period) shows the entry "2006  07  31";

	c.  Item 12c (Net Active Service This Period) shows the entry "0014  10  23"; and

	d.  Item 12d (Total Prior Active Service) shows the entry "0005  01  01."

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Chapter 2 states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:

	a.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  (emphasis added)

	b.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.

	c.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and non-creditable time after expiration of term of service (ETS), if any, are deducted and such time will be identified in item18 (Remarks).

	d.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter, "00  00  00."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the RA on 8 August 1975 and was honorably separated on 7 August 1979.  He completed 4 years of creditable active military service during this period of initial enlistment and was issued a DD Form 214 to document this period of service.

2.  The evidence of record further shows that he entered ADT on 2 February 1986 and was honorably released from ADT to the control of his USAR unit on 3 May 1986.  The DD Form 214 he was issued shows he completed 3 months and 1 day of creditable active military service during this period of service.  He then reentered ADT and was honorably released from ADT on 21 February 1987. The DD Form 214 he was issued shows he completed 5 months and 26 days of creditable active military service during this period of service and that he had 4 years, 3 months, and 1 day of prior active service for a total of 4 years, 8 months, and 28 days of creditable active service.

3.  The evidence of record also shows the applicant entered active duty in the AGR program on 8 September 1991.  His DD Form 214 shows the following entries:

	a.  the form erroneously shows the date of entry as 2 February 1986 and should be corrected to show the correct date of entry as 8 September 1991.  He was honorably released from active duty on 31 July 2006.  He completed 14 years, 10 months and 23 days of active service which is correctly shown on his DD Form 214;  

	b.  the form shows he completed 5 years, 1 month, and 25 days of prior active service.  However, his available records show he only completed 4 years, 8 months, and 28 days of prior active service.  Although there is no indication in the applicant’s records that he completed any additional periods of active service, it appears that he was credited with an additional 4 months and 24 days of active service that may have not been required to appear on a separate DD Form 214, and

	c.  he was credited with 20 years and 18 days of Federal active service.

4.  With respect to his DA Form 2339, this form shows identical entries to those shown on his DD Form 214 in that it shows he was credited with 4 years of active service for his RA service from 8 August 1975 to 7 August 1979; 1 year, 1 month, and 25 days of active service completed during his USAR service from 8 August 1979 to 7 September 1991; and 14 years, 10 months, and 23 days of active service completed while in the AGR program, for a total of 20 year and 18 days of active service.

5.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service into one DD Form 214 is not authorized.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  _________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "1986  02  02" from item 12a of his DD Form 214, dated 31 July 2006, and adding the entry "1991  09  08" instead.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the applicant’s total prior active service. 




      _______ _   _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)                                         AR20090006859



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ABCMR Record of Proceedings (cont)                                         AR20090006859



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