IN THE CASE OF:	

		BOARD DATE:	 22 April 2010 

		DOCKET NUMBER:  AR20090015671 


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 the correct net active service.

2.  The applicant states he served in the active reserve from 2005 until 2008; however, this service is not shown on his 13 September 2008 DD Form 214.

3.  The applicant provides copies of five orders that ordered him to active duty during the period 9 May 2005 through 13 September 2008. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program for a period of 8 years on 20 November 1999.

2.  A DD Form 214 shows the applicant enlisted in the Regular Army on 28 June 2000, he was honorably released from active duty on 27 June 2004, and he was transferred to a USAR unit.  Item 12 (Record of Service) shows in block c (Net Active Service This Period) - 4 years, 0 months, and 0 days; block d (Total Prior Active Service) - 0 years, 0 months, and 0 days; and block e (Total Prior Inactive Service) - 0 years, 0 months, and 0 days.

3.  Headquarters, U.S. Army Human Resources Command (USA HRC), Alexandria, VA, Orders A-08-622591, dated 29 August 2006, as amended by orders A-08-622591A01, dated 4 April 2007, ordered the applicant to active duty 

for a period of 365 days in support of Operation Enduring Freedom beginning
15 September 2006.

4.  Headquarters, USA HRC, Alexandria, VA, Orders A-09-718640, dated
5 September 2007, as amended by orders A-09-718640A01, dated 23 January 2008, ordered the applicant to active duty for a period of 11 months and 30 days in support of Operation Enduring Freedom/Operation Warrior Trainer beginning 15 September 2007.

5.  The USA HRC, St. Louis, MO, Integrated Web System provides a detailed chronological history of the applicant's retirement points.  It shows the applicant continuously performed active duty for training (ADT) in an active status from
9 May 2005 through 13 September 2008.

6.  The applicant's records do not contain a DD Form 214 for any period of active service from 9 May 2005 through 14 September 2007.

7.  A DD Form 214 shows the applicant entered active duty this period on
15 September 2007, was honorably released from active duty on 13 September 2008, and transferred to a USAR unit.  Item 12 shows in block c - 1 year,
0 months, and 0 days; block d - 4 years, 0 months, and 0 days; and block e -
3 years, 2 months, and 17 days.

8.  In support of his application, the applicant provides the following documents.

	a.  Headquarters, 80th Division Institutional Training, Richmond, VA, Orders 05-118-00321, dated 28 April 2005, that ordered the applicant to active duty for a period of 551 days in support of Operation Iraqi Freedom beginning 9 May 2005.

	b.  Headquarters, Camp Atterbury, Edinburgh, IN, Orders 205-044, dated
24 July 2006, that ordered the applicant to deploy to Camp Atterbury, IN, for a period not to exceed 443 days in support of Operation Warrior Trainer beginning 10 September 2006.

   c.  Headquarters, Camp Atterbury, Edinburgh, IN, Permanent Orders
254-472, dated 11 September 2007, as amended by Permanent Orders 113-032, dated 22 April 2008, that ordered the applicant to deploy to Fort Dix, NJ, and on to Fort Lewis, WA, for a period not to exceed 365 days in support of the Operation Warrior Trainer Program beginning 15 September 2007.

9.  Army Regulation 635-5, (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) provides item-by-item instructions for completing the DD Form 214.  The instructions for item 12 (Record of Service) state use extreme care in completing this block since post-service benefits, final pay, and retirement credit are based upon the information contained herein.

       (1)  Block a (Date Entered Active Duty This Period) states to enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued under paragraph 1-4b(5).

       (2)  Block b (Separation Date This Period) states to enter the separation date this period.  Separation date may not be the contractual date if extended for make-up of lost time or Soldier has been held over for the convenience of the Government.

       (3)  Block c (Net Active Service This Period) states to enter the amount of service this period (subtract 12a from 12b).  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after expiration term of service, if any, will be deducted.

       (4)  Block d (Total Prior Active Service) states to enter the total amount of prior active military service less lost time, if any.  If there was no prior active service, enter "00  00  00."

       (5)  Block e (Total Prior Inactive Service) states to enter the total amount of prior inactive service, less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 covering the period from
15 September 2007 through 13 September 2008 should be corrected to show he entered active duty this period on 9 May 2005, along with all of his creditable service.
2.  The applicant had 4 years of prior active service from 28 June 2000 through 27 June 2004.  This prior active service is recorded in item 12, block d, of his
13 September 2008 DD Form 214.

   a.  He had inactive service from 28 June 2004 through 8 May 2005.  A service computation for this period shows it equates to 10 months and 11 days of inactive service.

   b.  He was ordered to active duty on 9 May 2005 and received orders retaining him on active duty continuously and without interruption through 
13 September 2008.  A service computation for this period shows it equates to 
3 years, 4 months, and 5 days of active service.

   c.  Therefore, the applicant's 13 September 2008 DD Form 214 should be corrected, as follows:

       (1)  item 12, block a, to show he entered active duty this period on 9 May 2005;

	    (2)  item 12, block c, to show 3 years, 4 months, and 5 days of net active service this period; and

       (3)  item 12, block e, to show 10 months and 11 days of total prior inactive service.

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 all Department of the Army records of the individual concerned be corrected by correcting item 12 of his 13 September 2008 DD Form 214 by:
   
   a.  deleting from block a the entry "2007  09  15" and adding the entry
"2005  05  09;"

   b.  deleting from block c the entry "0001  00  00" and adding the entry
"0003  04  05;" and
   
   c.  deleting from block e the entry "0003  02  17" and adding the entry
"0000  10  11."



      _______ _  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)                                         AR20090015671



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ABCMR Record of Proceedings (cont)                                         AR20090015671



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