IN THE CASE OF:
BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090013480
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 item 12d (Total Prior Active Service) on his
DD Form 214 (Certificate of Release or Discharge from Active Duty), dated
9 July 2009, and his Chronological Statement of Retirement Points be corrected to show 4 years, 11 months, and 16 days of prior active United States Marine Corps (USMC) service.
2. The applicant states his DD Form 214, dated 9 July 2009, and his Chronological Statement of Retirement Points fail to reflect his active USMC service.
3. The applicant provides copies of his DD Forms 214 and Chronological Statement of Retirement Points in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant has not exhausted the administrative remedy available to him in regard to the retirement points issue. He has been notified by separate correspondence to contact his Reserve Unit Administrator for assistance in resolving this issue. As a result, the Chronological Statement of Retirement Points will not be discussed any further in these Proceedings.
2. The applicant enlisted in the Tennessee Army National Guard (TNARNG) on
21 April 1995. He subsequently served in the USMC and is currently a member of the U.S. Army Reserve (USAR).
3. The applicant's records show he served in an active duty (AD) status during the following periods:
a. 11 January through 24 May 1996, this equals a total of 4 months and
14 days while a member of the TNARNG.
b. 14 January 1999 through 6 April 2001 this equals a total of 2 years,
2 months, and 23 days while a member of the USMC.
c. 5 April 2001 through 14 February 2003 this equals a total of 1 year,
10 months, and 9 days while a member of the USMC.
d. 28 September 2004 through 8 January 2006 this equals a total 1 year,
3 months, and 11 days of net active service while a member of the USAR.
4. Item 12d and 12e (Total Prior Inactive Service) of his DD Form 214, effective 9 July 2009, states to see "SEE BLOCK #18" and Block 18 (Remarks) states "DD Form 215 will be issued to provide missing information."
5. Army Regulation 635-5 (Separation Documents) established a standardized policy for preparing and distributing the DD form 214. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214. Paragraph
2-4h contains detailed instructions and source document(s) for completing each item of the DD Form 214. The instructions for completing Item 12d states prior active service will be established from previously issued DD 214(s) and the total amount of active military service will be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided no evidence to show that he completed 4 years, 11 months, and 16 days of active USMC service. The available evidence shows he completed 4 years, 1 month, and 2 days of active USMC service. However, the available evidence shows he completed a total of 5 years, 8 months, and
27 days of active service prior to entering AD on 8 February 2009. This includes both his USMC and his U.S. Army prior active service.
2. In view of the foregoing, item 12d of his DD Form 214 dated 9 July 2009 should be corrected to show "05 08 27."
3. Item 12e of his DD Form 214 dated 9 July 2009 also needs to be corrected. There is insufficient evidence of record to verify his total inactive service at this time. However, the U.S. Army Human Resources Command, St. Louis may be able to calculate this time based on documents at their disposal.
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 all Department of the Army records of the individual concerned be corrected by:
a. amending his 9 July 2009 DD Form 214 Item 12d by deleting the current entry and adding 05 08 27 and
b. having the U.S. Army Human Resources Command review his records and amend Item 12e of his 9 July 2009 DD Form 214 if sufficient records are available to correct Item 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 DD Form 214 to show USMC active service in excess of 4 years, 1 month, and 2 days.
_ ___ _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) AR20090013480
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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