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ARMY | BCMR | CY2009 | 20090016247
Original file (20090016247.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090016247 


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 his 20 March 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 4 years and
1 month of total prior active service.

2.  The applicant states, in effect, that he had two prior periods of service for which he was issued DD Forms 214.  The DD Forms 214 were not available at the time that he transitioned in March 2009.  However, item 12d (Total Prior Active Service) of his 2009 DD Form 214 should show 4 years and 1 month. 

3.  The applicant provides copies of three DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214 from 10 May 2004 to 20 October 2005 credits him with 1 year, 5 months, and 1 day of total active service.  However, he should have been credited with 1 year, 5 months, and 11 days of total active service.

2.  The applicant's DD Form 214 from 3 April 2006 to 31 August 2007 credits him with 1 year, 3 months, and 25 days of total active service.  However, he should have been credited with 1 year, 4 months, and 28 days of total active service.

3.  The applicant’s records show he enlisted in the Army National Guard and was ordered to active duty on 23 February 2008.  He completed 1 year and 28 days of active service and was honorably released from active duty on 20 March 2009.

4.  Item 12d (Total Prior Active Service) of the applicant's 20 March 2009 
DD Form 214 shows "0000  00 00."

5.  Army Regulation 635-5 (Personnel Separations), establishes standardized procedures for preparation and distribution of the DD Form 214.  The regulation states to enter in item 12d the total amount of prior active military service less lost time from previously issued DD Forms 214.

DISCUSSION AND CONCLUSIONS:

1.  It is unknown why the applicant believes that his prior active service should be listed as 4 years and 1 month.  

2.  The applicant's 20 October 2005 DD Form 214 shows he completed 1 year, 
5 months, and 11 days of active service.

3.  The applicant's 31 August 2007 DD Form 214 shows he completed 1 year, 
4 months, and 28 days of active service. 

4.  Therefore he is entitled to have his 20 March 2009 DD Form 214 corrected to show 2 years, 10 months, and 9 days of prior active service. 

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 adding to item 12d of his 20 March 2009 DD Form 214 "0002  10  09" of prior active service.





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 4 years and 1 month of prior active service.  



      _______ _  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)                                         AR20090016247



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20090016247



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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