DOCKET NUMBER: AR20090008726
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 the Army) with a separation date of 9 August 2006 be corrected to show his actual entry date onto active duty.
2. The applicant states that his time in service does not equal his dates of service.
3. The applicant provides a copy of his DD Form 214 with a separation date of 9 August 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant's Official Military Personnel File (OMPF) on the integrated Personnel Electronic Records Management System (iPERMS) contains a record of the applicant's enlistment in the U.S. Army. The applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United Stated) shows he enlisted in the Regular Army on 25 August 2004 for a 4-year period.
2. Records show the applicant completed basic combat training and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout). He was assigned to 1st Squadron, 14th Cavalry in Fort Lewis, WA on 11 January 2005.
3. On or after 8 July 2006, a separation authority directed that the applicant be separated from the Army prior to his expiration of his term of service under the provisions of paragraph 14-12c of Army Regulation 635-200 (Enlisted Active Duty Separations) for commission of a serious offense. The separation authority directed a general, under honorable conditions characterization of service.
4. On 9 August 2006, the applicant was discharged accordingly. He was issued a DD Form 214 this date that shows the following entries in item 12 (Record of Service):
a. item 12a (Dated Entered Active Duty) shows "Year 2006, Month 03, and Day 05)";
b. item 12b (Separation Date this Period) shows "Year 2006, Month 08, and Day 09"; and
c. item 12c (Net Active Service this Period) shows "Years 1, Months 11, and Days 15."
5. Army Regulation 635-5 (Separation Documents), effective 30 September 2000, provided in pertinent part that a DD Form 214 must be prepared for all Soldiers at the time of their retirement, discharge, release from the active duty service, or control of the Active Army. This regulation establishes the standardization policy for preparing and distributing the DD Form 214 to include the use of proper source documents in the preparation of the DD Form 214. The source documents include the Soldier's enlisted record brief, separation approval authority documentation, separation order, and any other document authorized for filing in the Soldier's Official Military Personnel Record. Further guidance provides that the Soldier's Date Entered Active Duty this Period would be the beginning date of a continuous period of active duty when a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 time in service does not equal his actual dates of service.
2. The evidence of records shows that the applicant enlisted and entered active duty in the Regular Army on 25 August 2004 for a 4-year period. Therefore, he is entitled to have his DD Form 214 corrected to show his date of entry onto active duty as 25 August 2004, not 3 March 2006 as is currently shown.
3. The applicant's DD Form 214 does show the correct date he was separated and the corresponding entry in item 12c properly shows the applicant completed 1 year, 11 months, and 15 days of net active duty service based on the entry date of 25 August 2004.
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 correcting his DD Form 214 with a separation date of 9 August 2006 to show he entered active duty on 25 August 2004.
_______ _ _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) AR20090008726
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ABCMR Record of Proceedings (cont) AR20090008726
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