IN THE CASE OF:	  

		BOARD DATE:	       6 OCTOBER 2009

		DOCKET NUMBER:  AR20090008106 


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), dated 24 January 2001, as follows:

	a.  item 12a (Date Entered AD (Active Duty) This Period) to show 1 September 1995 instead of 25 October 1989;

	b.  item 12c (Net Active Service This Period) to show 5 years, 4 months, and 24 days instead of 11 years and 3 months; and 

	c.  item 12h (Effective Date of Pay Grade) to show the date as 31 August 1997 instead of 15 July 2000.  

2.  The applicant states, in effect, that he was issued two separate DD Forms 214; one as an enlisted Soldier and the second as a warrant officer.

3.  The applicant provides copies of his DD Forms 214, dated 24 January 2001 and 30 August 1995; a copy of Orders 216-0510, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL, on 4 August 1995; a copy of his appointment as a Reserve Warrant Officer of the Army memorandum, dated 31 August 1995; a copy of his DA Form 78-R (Recommendation for Promotion to 1LT/CW2), dated 14 August 1997; and a copy of Orders 10-13-A-53, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 10 January 2001, in support of his request.


CONSIDERATION OF EVIDENCE:

1.  The applicant is currently an aviation captain in the Regular Army (RA).

2.  The applicant’s records show he enlisted in the RA for a period of 2 years and 14 weeks on 25 October 1989.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  His records also show he executed a 3-year reenlistment in the RA on 22 August 1991.  He was honorably discharged on 30 August 1995 for the purpose of accepting a warrant officer appointment.  He completed 5 years, 10 months, and 6 days of active duty and was issued a DD Form 214 to document this period of active duty.

3.  The applicant’s records also show he was appointed as a Reserve warrant officer of the Army and executed an oath of office on 31 August 1995.  He was assigned to the 2nd Battalion, 82nd Aviation, Fort Bragg, NC, and was promoted to chief warrant officer two (CW2) on 31 August 1997.  He served in various staff and leadership positions and was honorably discharged on 24 January 2001 to accept a commission in the Army.  He completed 5 years, 4 months, and 25 days during this period.  The DD Form 214 he was issued shows the following entries:

	a.  Item 12a shows "1989  10  25";

	b.  Item 12b (Separation Date This Period) shows "2001  01  24";

	c.  Item 12c shows "0011  03  00"; 

	d.  Item 12d (Total Prior Active Service), shows "0005  10  06"; and

	e.  Item 12f, shows "2000  07  15." 

4.  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."

	e.  Item 12f, obtained from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant initially enlisted in the RA on 25 October 1989.  He was honorably discharged on 30 August 1995 for the purpose of accepting a WO appointment.  He completed 5 years, 10 months, and 6 days of active duty and was issued a DD Form 214 to document this period of active duty.  

2.  The evidence of record further shows that he was appointed as a warrant officer on 31 August 1995, was promoted to CW2 on 31 August 1997, and was honorably discharged on 24 January 2001.  He completed 5 years, 4 months, and 25 days of active duty during the period covered by this DD Form 214.  His DD Form 214 incorrectly listed his date of entry, net active service during the period covered by the DD Form 214, and effective date of pay grade as a CW2.

3.  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 was not authorized during the periods referenced.  The applicant’s DD Form 214 incorrectly reflected his record of service and contains several errors.  Therefore, he is entitled to correction of his DD Form 214 to show the correct entries.  
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 his DD Form 214 for the period ending 24 January 2001 by:

	a.  deleting the entry "1989  10  25" from item 12a and adding the entry  "1995 08  31";

	b.  deleting the entry "0011  03  00" from item 12c and adding the entry   "0005  04  25"; and 

	c.  deleting the entry shows "2000  07  15" from item 12h and adding the entry "1997  08  31."




      _______ _   ______   ___
       	   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)                                         AR20090008106





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ABCMR Record of Proceedings (cont)                                         AR20090008106



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