IN THE CASE OF:  	  

		BOARD DATE:	1 December 2009  

		DOCKET NUMBER:  AR20090007940 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 11 June 2008 be corrected to show his service (prior inactive service) in the U.S. Army Reserve (USAR).

2.  The applicant states, in effect, that he enlisted in July 2005, entered active duty on 11 July 2007, and was separated from active duty on 11 June 2008.  His DD Form 214 only shows his service from July 2007 to June 2008.

3.  The applicant provides copies of his DD Form 214; page 1 of his DD Form 1966 (Record of Military Processing – Armed Forces of the United States); and page 1 of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 28 July 2005; in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted in USAR on 28 July 2005 and served in a Reserve status until enlisting in the Regular Army on 11 July 2007.

2.  The applicant submitted a copy page 1 of his DD Form 4 which shows he enlisted in the USAR on 28 July 2005.

3.  The applicant submitted a copy of page 1 of his DD Form 1966 which shows in item 18 (Accession Data) that he enlisted in the USAR on 28 July 2005 and was ordered to active duty for training on 7 June 2006.

4.  The applicant's record contains a Certificate and Acknowledgement – USAR Service Requirements and Methods of Fulfillment form which states in section IV (Service Obligation) that he acknowledged that he was attached to the Individual Ready Reserve and would not be authorized to participate in any USAR training until he completed basic training.  He understood that his military service obligation began on the day he enlisted into the R-DEP (USAR Delayed Entry Program).  He also acknowledged that he would report back to the military entrance processing station on 7 June 2006.

5.  The applicant's Soldier's Management System record contains a copy of his retirement information worksheet which shows:

	a.  the performance of active duty for training from 7 June 2006 to 20 August 2006 for a period of 2 months and 14 days, and 

	b.  the performance of inactive duty for training from 9 September 2006 to 6 June 2007 for a period of 8 months and 28 days.

6.  The applicant's record contains a copy of a DD Form 4 which shows that he enlisted in Regular Army on 11 July 2007.

7.  On 11 June 2008, the applicant was discharged from active duty under honorable conditions.  Section 12 (Record of Service) of his DD Form 214 shows the following service:

	a.  item 12c (Net Active Service This Period) shows 10 months and 29 days,

	b.  item 12d (total prior active service) shows 2 months and 14 days, and 

	c.  item 12e (total prior inactive service) shows 10 months and 20 days.

8.  Army Regulation 635-5 (Separation Documents) establishes a standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph 
2-4h contains detailed instructions and source documents(s) for completing each 

item of the DD Form 214.  Instructions for completing item 12e state that DEP time that began on or after 1 January1985 is not creditable service for pay purposes and will not be entered.  However, it is creditable service for completing the statutory military service obligation.

9.  Department of Defense Financial Management Regulation, volume 7A, chapter 1, in pertinent part, states that the period of enlisted service in a Reserve Component under Title 10, U.S. Code, section 12103(b), including inactive service under a delayed entry program, is creditable service only if the member performs inactive training before beginning active duty or an initial period of active duty for training.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the USAR on 28 July 2005 and remained in the R-DEP until he was ordered to ADT on 7 June 2006 for a total 2 months and 14 days.  Therefore, item 12d of his DD Form 214 is correct and no further correction is required.

2.  The evidence of record shows that upon the completion of ADT, the applicant served in the USAR in an inactive status from 9 September 2006 to 6 June 2007 for 8 months and 28 days before enlisting in the Regular Army.  Therefore, item 12e of his DD Form 214 should read "0 years, 8 months, and 28 days" instead of “0 years, 10 months, and 20 days.”  However, it is the policy of the Board not to make an applicant worse off.  Therefore, this correction will not be made absent the applicant’s specific request that it be made.

3.  The evidence of record shows in item 12a of the applicant's DD Form 214 he enlisted in the Regular Army on 11 July 2007 and served for a total of 10 months and 29 days.  Therefore, item 12c of his DD Form 214 is correct and no further correction is required.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X___  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090007940



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1