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ARMY | BCMR | CY2009 | 20090008766
Original file (20090008766.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090008766 


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 the date in item 12a (Date Entered AD [Active Duty] This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 26 May 1999 be changed to read "1996 04 10" (10 April 1996) instead of "1984 11 07" (7 November 1984).

2.  The applicant states her DD Form 214 with a separation date of 26 May 1999 should only reflect her active service as a warrant officer.

3.  The applicant provides, in support of her application, copies of her DD Forms 214 with separation dates of 9 April 1996 and 26 May 1999 and a data printout from Military Personnel Transition Processing, Redstone Arsenal, AL.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show she served 11 years, 5 months, and 3 days in an enlisted status.  She was discharged on 9 April 1996 to accept a commission or warrant in the Army and issued a DD Form 214 for the period from 7 November 1984 to 9 April 1996.

2.  On 10 April 1996, the applicant was appointed as a warrant officer one in the U.S. Army Reserve (USAR).  She was ordered to active duty effective 10 April 1996.

3.  On 26 May 1999, the applicant was discharged from her warrant officer status in order to accept an appointment as a second lieutenant in the USAR.  She was issued a DD Form 214 covering the period from 7 November 1984 to 26 May 1999.  Item 12a of her DD Form 214 with an effective date of 26 May 1999 contains the entry "1984 11 07."  Item 12c  (Net Active Service This Period) contains the entry "0014 06 20" (14 years, 6 months, and 20 days).  Item 12d (Total Prior Active Service) contains the entry "0000 00 00" (zero years, months, and days).

4.  On 27 May 1999, the applicant was commissioned as a second lieutenant in the USAR and ordered to active duty.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated that the entry for item 12a of the DD Form 214 was the first day of the last immediate reenlistment (in this case the change of status from warrant to commissioned officer) for which a DD Form 214 was not issued.

6.  The current Army Regulation 635-5 more clearly states that the entry for item 12a of the DD Form 214 is 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had already been issued a DD Form 214 for the period from 7 November 1984 to 9 April 1996.  Therefore, the entry in item 12a of her DD Form 214 with an effective date of 26 May 1999 should be "1996 04 10."

2.  Based on the correction to item 12a, item 12c should be changed to read "0003 01 17" (3 years, 1 month, and 17 days) instead of "0014 06 20," and item 12d should be changed to read "0011 05 03" (11 years, 5 months, and 3 days) instead of "0000 00 00."

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 the following items on her DD Form 214 with an effective date of 26 May 1999:

	a.  change item 12a to read "1996 04 10" instead of "1984 11 07,"

	b.  change item 12c to read "0003 01 17" instead of "0014 06 20," and

	c.  change item 12d to read "0011 05 03" instead of "0000 00 00."



      ___________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)                                         AR20090008766



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ABCMR Record of Proceedings (cont)                                         AR20090008766



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