BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090010343
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, correction to item 12a (Date Entered [Active Duty] This Period) and item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, the date he entered active duty and his total amount of net active service credit are incorrect on his DD Form 214. His whole record was not considered when his DD Form 214 was prepared.
3. In support of his application, the applicant provides copies of his Enlisted Record Brief, his Certification of Deployment Dates memorandum, his Army Commendation Medal certificate, and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Army Delayed Entry Program (DEP) on 14 January 2003. His DD Form 4 (Enlistment/Reenlistment Document) shows for his enlistment in the DEP he understood that he would be ordered to active duty on 22 July 2003 for enlistment in the Regular Army for 3 years. He completed basic and advanced training and was assigned primary military occupational specialty 19D, Cavalry Scout. He was promoted to pay grade E-4 on 1 July 2005.
2. The applicant was honorably released from active duty in pay grade E-4 on 16 February 2007 at the completion of required active service and was transferred to the U.S. Army Reserve Control Group (Reinforcement).
3. The applicant was issued a DD Form 214 that shows the date 1 July 2005 in item 12a. Item 12c shows he was credited with 3 years, 6 months, and 25 days of net active service, not including the end date. Item 12e (Total Prior Inactive Service) shows zero credit [DEP time]. Item 18 (Remarks) shows his period of DEP from 14 January 2003 to 21 July 2003 and that he had completed his first full term of service.
4. The applicant submitted a copy of his Enlisted Record Brief that shows his Pay Entry Base Date (PEBD) was 22 July 2003.
5. A time and date calculator shows the time from 22 July 2003 to 16 February 2007, including the end date, equals a period of 3 years, 6 months, and 26 days.
6. Army Regulation 635-5 (Separation Documents) which governs the preparation of the DD Form 214 states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty. The dates the Soldier entered on and separated from active duty will be entered in items 12a and 12b, respectively. Item 12c will contain the net active service time for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the DEP on 14 January 2003 with the understanding he would enter active duty on 22 July 2003 for enlistment in the Regular Army for 3 years. He was also given a PEBD of 22 July 2003. On 16 February 2007, he was released from active duty at the completion of his required active service. He was issued a DD Form 214 that shows he entered active duty on 1 July 2005 and was given a credit of 3 years, 6 months, and 25 days of net active service in item 12c, not including the end date. Item 18 of this DD Form 214 also shows he served in the DEP from 14 January 2003 to 21 July 2003 and had completed his first full term of service.
2. The evidence of record supports the fact that the applicant's first enlistment and entry on active duty was actually on 22 July 2003 and he was not provided a DD Form 214 showing he entered active duty on that date. Based on the evidence, he is entitled to a correction to item 12a of his DD Form 214 to show he entered active duty on 22 July 2003. He was credited with 3 years, 6 months, and 25 days of net active service in item 12c; however, with the inclusion of the end date, he would have been credited with 3 years, 6 months, and 26 days of net active service. Therefore, based on the foregoing, the applicant is also entitled to correction of item 12c of his DD Form 214 to show a credit of 3 years, 6 months, and 26 days. Corrections to items 12a and 12c do not require any adjustment to the other Record of Service items of the DD Form 214.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 the Department of the Army records of the individual concerned be corrected by amending item 12a of the applicant's DD Form 214 to show he entered active duty on 22 July 2003; item 12c to show a credit of 3 years, 6 months, and 26 days; and providing the applicant a corrected separation document.
___________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) AR20090010343
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ABCMR Record of Proceedings (cont) AR20090010343
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