IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090012535
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 item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 for the period ending 6 September 2007 to show 4 May 2007 instead of 30 May 2002.
2. The applicant states, in effect, that he entered active duty on 4 May 2007 and separated on 6 September 2007.
3. The applicant provides DD Forms 214 for the periods ending 28 May 2006 and 6 September 2007; active duty orders; discharge orders; and a document pertaining to early release from active duty in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 30 May 2002, he served as a radio and communications security repairer in military occupational specialty (MOS) 94E, and he was released from active duty on 28 May 2006.
2. Item 12c (Net Active Service This Period) on the applicant's DD Form 214 for the period ending 28 May 2006 shows he completed 4 years, 8 months, and
7 days of service.
3. The applicant enlisted in the Florida Army National Guard (FLARNG) on
29 May 2006. He was ordered to active duty on 4 May 2007 for MOS training and was released from active duty on 6 September 2007.
4. Item 12a of the applicant's DD Form 214 for the period ending 6 September 2007 shows the entry "2002 05 30" (30 May 2002). Item 12c of this DD Form 214 shows he completed 4 months and 3 days. Item 12d (Total Prior Active Service) on this DD Form 214 shows the entry "0000 00 00."
5. In support of his claim, the applicant provided orders, dated 28 March 2007, which show he was ordered to active duty for training with a reporting date of
4 May 2007.
6. On 21 September 2009, the applicant was honorably discharged from the FLARNG.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for item 12 (Record of Service), use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on the information. It further states that for:
a. item 12a, 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; and
b. 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 00 00 00.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he entered active duty on 4 May 2007 and the orders he provided support this contention. Therefore, the active duty orders, dated 28 March 2007, which show the applicant was ordered to active duty on
4 May 2007 for training are accepted as sufficient evidence on which to amend item 12a of his DD Form 214 for the period ending 6 September 2007.
2. Item 12d on the applicant's DD Form 214 for the period ending 6 September 2007 shows the entry "0000 00 00." However, evidence of record shows he completed 4 years, 8 months, and 7 days of prior active duty. Therefore, it would be appropriate to correct item 12d on the applicant's DD Form 214 for the period ending 6 September 2007 to show this 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:
a. deleting from item 12a of his DD Form 214 for the period ending
6 September 2007 the entry "2002 05 30" and replacing it with the entry
"2007 05 04"; and
b. deleting from item 12d of his DD Form 214 for the period ending
6 September 2007 the entry "0000 00 00" and replacing it with the entry "0004 08 07."
___________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) AR20090012535
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ABCMR Record of Proceedings (cont) AR20090012535
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