IN THE CASE OF:	  

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090014604 


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 "201311" in item 6 (Reserve Obligation Termination Date), "20080404" in item 12a (Date Entered AD This Period), and "00001122" in item 12c (Net Active Service This Period).

2.  The applicant states the reserve obligation termination date, the date entered active duty this period, and the net active service this period of his DD Form 214 for the period ending 26 March 2009 are incorrect.

3.  The applicant provides his DD Form 214 for the period ending 26 March 2009, Army Reserve Medical Command Order Number 021968, Army Reserve Medical Command Order Number 044114, U.S. Army Installation Management Command Orders 259-207, 81st Regional Support Command Order Number 001462, and a Radiology Specialist Course completion certificate in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Delayed Entry Program (DEP) on 8 July 1999 and served 6 years in the Regular Army prior to enlisting in the Pennsylvania Army National Guard on 16 June 2006.  He was awarded the military occupational specialty (MOS) of infantryman and was promoted to pay grade E-5.

2.  On 7 November 2007, he enlisted in the U.S. Army Reserve.  The DD Form 214 in question shows he was released from active duty for training on 26 March 2009 and returned to his U.S. Army Reserve troop program unit.  This document contains the following entries:

	a.  item 6, "20140405,"

	b.  item 12a, "2008  10  01," and

	c.  item 12c, "0000  05  26."

3.  A review of the applicant's records maintained in the integrated Personnel Electronic Records Management System (iPERMS) revealed his DD Form 214 from his Regular Army service.  Item 18 (Remarks) of this document contains the entry "Period of Delayed Entry Program:  19990708-20000616."

4.  The applicant provided Army Reserve Medical Command Order Number 021968, dated 26 March 2008, which shows he was ordered to active duty training for school (ADTS) for 174 days (amended to 180 days) beginning not later than 4 April 2008.

5.  The applicant provided U.S. Army Installation Management Command Orders 259-207, dated 15 September 2008, transferring him from Fort Sam Houston, Texas, to Fort Sill, Oklahoma, to complete phase II of his MOS training during the period 30 September 2008 through 24 March 2009.

6.  The applicant provided an Academy of Health Sciences diploma showing he completed the Radiology Specialist Course during the period 7 April 2008 to 24 March 2009.

7.  The applicant's DA Form 1059 (Service School Academic Evaluation Report) for the Radiology Specialist Course found in iPERMS shows the duration of the course as 7 April 2008 through 24 March 2009.

8.  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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

9.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes that effective 1 June 1984 all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.  The time spent in the DEP is creditable toward fulfillment of the statutory military service obligation.

10.  Army Regulation 635-5, in effect at the time, stated:

	a.  for item 6, this is the completion date of the statutory military service obligation (MSO) incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  DOD policy required a Soldier with no previous military service who enlisted or was appointed on or after 1 June 1984 to serve a period of 8 years.  The MSO started on the date of initial enlistment or appointment in the Regular Army, Army National Guard, or U.S. Army Reserve, to include the DEP.  For a Soldier with an expired MSO, enter "00  00  00";

	b.  for item 12a, enter the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued; and

	c.  for item 12c, the amount of service this period is computed by subtracting item 12a from 12b.

DISCUSSION AND CONCLUSIONS:

1.  The evidence in the applicant's records indicate that by adding 8 years to his initial entry date into the Armed Forces of 8 July 1999, his Reserve Obligation Termination Date was 7 July 2007.  As such, his MSO expired and he is entitled to have item 6 of his DD Form 214 corrected to show "00  00  00."

2.  Although the applicant served on active duty on two sets of orders, the amendment of his first ADTS orders from 174 days to 180 days makes it clear that he served continuously.  As such, the preponderance of evidence indicates the applicant was serving on ADTS at Fort Sam Houston and Fort Sill for the purpose of completing phase I and phase II of his MOS training from 7 April 2008 to 24 March 2009.  Therefore, it would be appropriate to change item 12a of his DD Form 214 to show "2008  04  07" and item 12c to show "0000  11  18."

3.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.



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 item 6 of his DD Form 214 ending 26 March 2009 to show "00  00  00,"

	b.  amending item 12a of his DD Form 214 ending on 26 March 2009 to show "2008  04  07," and

	c.  amending item 12c of his DD Form 214 ending on 26 March 2009 to show "0000  11  18."

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 correcting item 6 of his DD Form 214 to show "201311."



      ____________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)                                         AR20090014604



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014604



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1