IN THE CASE OF:
BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090008800
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 item 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 February 2009 be corrected.
2. The applicant states, in effect, he served on active duty in 2008 and that service was not included on his DD Form 214 for the period ending 2 February 2009.
3. The applicant provides a copy of his DD Form 214 for the period ending
2 February 2009, numerous active duty orders, and a copy of his DD Form 214 for the period ending 8 November 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 12 April 2007. He was ordered to active duty on 26 April 2007 for training. He was released from active duty on 8 November 2007.
2. Item 12c (Net Active Service This Period) on the applicant's DD Form 214 for the period ending 8 November 2007 shows he completed 6 months and 13 days.
3. The applicant was ordered to active duty on 3 January 2009 in support of the Armed Forces Inauguration. He was released from active duty on 2 February 2009.
4. Item 12d on the applicant's DD Form 214 for the period ending 2 February 2009 shows he had 6 months and 13 days of prior active duty.
5. In support of his claim, the applicant provided numerous orders which show he was ordered to active duty in 2008 for various reasons for periods ranging from 1 day to 69 days which included active duty training, active duty for special work, and annual training.
6. There is no evidence of record which shows the applicant received a DD Form 214 for any of these periods of active duty service.
7. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation states, in pertinent part, that the total amount of prior active military service less lost time, if any, from previously-issued DD Forms 214 will be entered in item 12d.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was ordered to active duty on 26 April 2007 and was released from active duty on 8 November 2007 after completing
6 months and 13 days of creditable active service, which is properly reflected on his DD Form 214 for the period ending 8 November 2007. He was ordered to active duty on 3 January 2009 and was released from active duty on 2 February 2009. In accordance with the governing regulation, his prior active service
(26 April 2007 through 8 November 2007) from a previously-issued DD Form 214 is properly shown in item 12d on his DD Form 214 for the period ending 2 February 2009. Therefore, there is no basis for granting the applicants request to amend item 12d of his DD Form 214 for the period ending 2 February 2009.
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) AR20090008800
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090008800
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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