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ARMY | BCMR | CY2009 | 20090015560
Original file (20090015560.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090015560 


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, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 28 January 2009 be corrected to show he entered active duty on 5 November 1998.

2.  The applicant states while he initially entered active duty on 17 August 1993, he was released from active duty on 16 August 1996 and was issued a DD Form 214 for that period of service.  He was assigned to the US Army Reserve (USAR) Control Group (Reinforcement) from the date of his release from active duty until the date of his enlistment in 1998.  Therefore, his second DD Form 214 incorrectly lists his date entered active duty this period as 1993.

3.  The applicant provides two DD Forms 214 and his 5 November 1998 enlistment contract.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 
17 August 1993 and he was honorably released from active and transferred to the USAR Control Group (Reinforcement) on 16 August 1996, due to completion of required active service.  He was issued a DD Form 214 for this period of service.




2.  He enlisted in the Regular Army on 5 November 1998.  In conjunction with that enlistment the applicant's guidance counselor completed a DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) which shows the applicant's pay entry date as 17 August 1993, and his active duty service date as 4 November 1995.

3.  The applicant was honorably retired on 28 January 2009 due to disability, permanent.  The applicant's DD Form 214, Item 12a (Date Entered AD This Period) contains the entry "1993  08  17" (17 August 1993).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was properly issued a DD Form 214 for the period of active duty starting on 17 August 1993.

2.  The applicant's records clearly show that he had a break in active service between the date of his release from active duty on 16 August 1996 and the date he reentered active duty on 5 November 1998.  

3.  In view of the foregoing, it is apparent that 17 August 1993 is improperly entered in Item 12a of the applicant's DD Form 214 for the period ending 28 January 2009.  The correct date is 5 November 1998.

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 the DD Form 
214 for the period ending 28 January 2009 be corrected by deleting the current entry in Item 12a, adding "1998 11 05" (5 November 1998), and providing the applicant a document to show this correction.




      _______ _   _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)                                         AR20090015560



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ABCMR Record of Proceedings (cont)                                         AR20090015560



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