IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090011645
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) for the period ending 20 December 2008 to show all of his prior active duty service.
2. The applicant states that he previously served on active duty for a period of
6 months and for a period of 11 months and 25 days.
3. The applicant provides, in support of his application, copies of his three
DD Forms 214.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a U.S. Army Reserve (USAR) first lieutenant.
2. The applicant's DD Form 214 for the period ending 22 January 2004 shows in Item 12c (Net Active Service this Period) the entry "0000 06 00" indicating he completed 6 months of active service this period.
3. The applicant's DD Form 214 for the period ending 5 August 2005 shows in Item 12c the entry "0000 11 25" indicating 11 months and 25 days of active service this period. Item 12d (Total Prior Active Service) shows the entry
"0000 05 29" (sic) indicating he had 5 months and 29 days of total prior active service.
4. The applicant's DD Form 214 for the period ending 20 December 2008 shows in Item 12c the entry "0001 00 25" indicating he had 1 year and 25 days of active service this period. Item 12d shows the entry "0000 06 00" indicating he had a total of 6 months of total prior active service.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that the individual's record of service will be recorded in Item 12 (Record of Service).
a. For item 12a (Date Entered Active Duty (AD) This Period), enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
b. For item 12b (Separation Date This Period), enter 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. For item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b. Lost time under Title 10, U.S. Code, section 972 and non-creditable time after expiration term of service (ETS), if any, are deducted. Such time will be identified in item 18 (Remarks).
d. For item 12d, from previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any. If not applicable, enter
"0000 00 00."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 for the period ending
20 December 2008 should be corrected to show all of his prior active duty service.
2. The available evidence shows that the applicant served on active duty for a period of 6 months ending on 22 January 2004 and for a period of 11 month and 25 days ending on 5 August 2005. However, his DD Form 214 for the period ending 20 December 2008 shows his prior active duty as only 6 months. Therefore, his DD Form 214 for the period ending 20 December 2008 should be corrected to show the entry "0001 05 25" which indicates 1 year, 5 months, and
25 days of total prior active service.
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 deleting from item 12d of his DD Form 214 for the period ending 20 December 2008 and replacing it with the entry "0001 05 25."
___________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) AR20090011645
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ABCMR Record of Proceedings (cont) AR20090011645
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