IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090013176
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 that his 3 June 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he entered active duty on 15 August 2007 vice 10 December 2008.
2. The applicant states that an administrative error occurred when the form was prepared.
3. The applicant provides a copy of his 2009 DD Form 214 and a copy of the orders which ordered him to active duty not later than 2100 on 16 August 2007.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate the applicant enlisted in the U.S. Army Reserve for a period of 8 years on 21 May 2007. His enlistment documents indicate that he was to return to the Syracuse, New York Military Entrance Processing Station (MEPS) not later than 16 August 2007.
2. On 21 May 2007 orders were issued by the Syracuse MEPS ordering the applicant to active duty for initial active duty for training. The orders noted that he was to proceed from his current home address in Barneveld, New York, and report to the MEPS not later than 2100 hours on 16 August 2007.
3. On 14 September 2008 orders were issued by the U.S. Army Reserve Medical Command in Pinellas Park, Florida, reassigning the applicant from a troop program unit (TPU) in Pinellas Park to a TPU in Utica, New York. The reassignment orders indicate the reassignment was involuntary and for the convenience of the government.
4. On 3 June 2009 the applicant was released from active duty upon completion of his required active service. His DD Form 214 notes he completed 22 weeks of radiology training during his period of active duty. His DD Form 214 shows that he entered active duty this period on 10 December 2008 and that he served for a period 5 months and 24 days.
5. Army Regulation 635-5 (Separation Documents) states that a DD Form 214 will be issued to Reserve Component Soldiers completing 90 days or more of continuous active duty for training or when a Reserve Component Soldier completes initial training that results in the award of an MOS, even when the active duty period is less than 90 days.
6. That same regulation notes that when preparing a DD Form 214 the date of entry on active duty (block 12a) will be the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued.
7. Army Regulation 635-5 also states that block 12e will reflect an individual's total prior inactive service. Block 12e of the applicant's 2009 DD Form 214 reflects the statement "see block #18." Block 18 states that a DD Form 215 (Correction to DD Form 214) will be issued to provide missing information.
8. The distance between Barneveld, New York, and Syracuse, New York, is approximately 58 miles.
9. Telephonic communication with officials at the Defense Finance and Accounting Service (DFAS) confirmed the applicant was in receipt of active duty service pay continuously between 16 August 2007 and 3 June 2009.
DISCUSSION AND CONCLUSIONS:
1. While the applicant contends that he entered active duty on 15 August 2007, his orders indicate he was ordered to report to the Syracuse MEPS not later than 2100 on 16 August 2007. It is reasonable to believe he would have traveled from Barneveld to Syracuse, a distance of approximately 58 miles, in a single day rather than report a day earlier. The fact that DFAS confirmed his pay account was opened on 16 August 2007 supports a conclusion that he actually entered active duty on 16 August 2007 and not 15 August 2007.
2. DFAS also confirmed the applicant was in receipt of active duty pay continuously through his date of separation on 7 June 2009.
3. The evidence also shows the applicant enlisted in the U.S. Army Reserve on 21 May 2007. As such he would have had a period of 2 months and 25 days of prior inactive service which should been recorded in block 12e of his 2009 DD Form 214.
4. In view of the foregoing, it would be appropriate to correct the applicant's 2009 DD Form 214 to show he entered active duty on 16 August 2007, that he served a total of 1 year, 9 months, and 18 days of active Federal service in block 12a, and that he had 2 months and 25 days of prior inactive service in block 12e.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X__ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the June 2009 DD Form 214 of the individual concerned be corrected by:
a. showing he entered active duty on 16 August 2007;
b. showing that he served a total of 1 year, 9 months, and 18 days of active Federal service in block 12a; and
c. showing that he had 2 months and 25 days of prior inactive service in block 12e.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his 2009 DD Form 214 to show that he entered active duty on 15 August 2007.
___________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) AR20090013176
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ABCMR Record of Proceedings (cont) AR20090013176
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