BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090013223 


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) to show his correct time in service.

2.  The applicant states that his DD Form 214 does not reflect his correct time in service.

3.  The applicant provides a copy of his June 2009 Defense Finance and Accounting (DFAS) Form 702 (DFAS Leave and Earnings Statement [LES]) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the California Army National Guard (CAARNG) on 14 June 2007.  He subsequently entered active duty for training (ADT) on 25 July 2007, completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).  He was released from ADT to the control of his ARNG unit on 27 February 2008.  The DD Form 214 he was issued shows he completed 7 months and 3 days of creditable active service during this period.

2.  The applicant's records also show he was discharged from the ARNG on 9 December 2008 and he subsequently enlisted in the Regular Army (RA) for a period of 3 years and 2 weeks on 10 December 2008.  He was discharged on 9 July 2009 under the provisions of Army Regulation 635-200 (Personnel 
Separations – Active duty Enlisted Administrative Separations), chapter 14, by reason of pattern of misconduct.  The DD Form 214 for the period ending 9 July 2009 shows the following entries:

	a.  Item 12a (Date Entered Active Duty This Period) shows the entry "2008  12  10";

	b.  Item 12b (Separation Date This Period) shows the entry "2009  07  09";

	c.  Item 12c (Net Active Service This Period) shows the entry "0000  07  00";

	d.  Item 12d (Total Prior Active Service) shows the entry "0000  07  03"; and

	e.  Item 12e (Total Prior Inactive Service) shows the entry "0000  10  23."

3.  The applicant submitted a copy of his June 2009 LES that shows he was receiving E-2 pay with 2 years of service.

4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in Item 12 is as follows:

	a.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

	b.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if 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.  Item 12c shows 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 the expiration of term of service, if any, are deducted and such time will be identified in block 18. 

	d.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter “00 00 00.”

	e.  Item 12e is obtained from previously issued DD Forms 214 and/or Enlisted/Officer Record Brief, shows the total amount of prior inactive service, less lost time, if any.  Delayed Entry Program time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable service for completing the statutory military service obligations and will be entered in block 18 (Remarks).

5.  Department of Defense Financial Management Regulation, Volume 7, Chapter 1, states that the several military pay and personnel systems use a variety of dates to determine various entitlements.  Among them is the date that denotes how much service a member has for the purpose of determining longevity pay rates.  The Army refers to this as the "pay entry basic date."  This chapter will refer to this data element as the "basic pay date," which is defined as reflecting all service that is creditable towards longevity.  For most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service.  If, however, there is a break in service, then the time between periods of service usually is not included. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the CAARNG on 14 June 2007.  Therefore, his pay entry basic date was established as the date he entered inactive service--enlisted in the ARNG.  During this period of enlistment, he completed 7 months and 3 days of active service.

2.  The evidence of record also shows the applicant enlisted in the RA on 10 December 2008 and he was discharged on 9 July 2009.  He completed
7 months of active service during this period.  The DD Form 214 he was issued correctly shows the net active service he completed during this period of enlistment as well as the 7 months and 3 days of prior active service.  There is neither an error nor an injustice.

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty, to include attendance at basic and advanced training, and it will be prepared for all personnel at the time of their retirement, discharge, or release from active duty


4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant failed to submit evidence that would satisfy this requirement.  He has not shown error, injustice, or inequity for the relief he requests.

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)                                         AR20090013223



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ABCMR Record of Proceedings (cont)                                         AR20090013223



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