IN THE CASE OF:	

		BOARD DATE:	   04 March 2010 

		DOCKET NUMBER:  AR20090016736 


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 (AD)), dated 8 August 2008 as follows:

	a.  Item 12a (Date Entered AD This Period) to show 4 June 2007 instead of
1 August 2006; and

	b.  Item 12c (Net Active Service This Period) to show 1 year, 2 months, and 4 days instead of 11 months and 29 days.

2.  The applicant states, in effect, that his DD Form 214 erroneously shows the date of a previously-issued DD Form 214.  He states that his net active service is not accurate.

3.  The applicant provides in support of his application copies of his DD Forms 214 for the periods ending 7 February 2007 and 8 August 2008; a copy of his 
DD Form 215 (Correction to DD Form 214), dated 28 February 2007; a copy of Orders 044-0153, issued by Headquarters, III Corps and Fort Hood, TX, dated
13 February 2007; and a copy of Orders 152-469, issued by the Texas Army National Guard (TXARNG), dated 1 June 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the TXARNG on 30 June 2005.  He subsequently entered active duty for training (ADT) on 26 July 2005, completed basic combat training, and attended advanced individual training for military occupational specialty (MOS) 25F (Network Switching Systems Operator).

2.  He was released from ADT on 18 December 2005 to the control of his ARNG unit.  He completed 4 months and 22 days of creditable active service.  However, there is no evidence in his records that show he was awarded MOS 25F or that he was issued a DD Form 214 for this period of service.  He was assigned to Company B, 536th Signal Company, Dallas, TX.

3.  On 1 August 2006, the applicant was ordered to active duty as a member of his Reserve unit for a period of 400 days in support of Operation Iraqi Freedom.  He was assigned to Company B, 3rd Battalion, 144th Infantry, in MOS 52D (Power Generation Equipment Repairer).  

4.  On 25 September 2006, the applicant was ordered retained on active duty and was assigned to the Medical Company, Fort Dix, NJ, to participate in the Reserve Component (RC) Medical Retention Processing Program (MRP2) for completion of medical care and/or treatment.

5.  On 7 February 2007, the applicant was honorably released from active duty to the control of his ARNG unit by reason of completion of required service.  The DD Form 214 he was issued shows the following entries:

	a.  Item 12a shows "2006  08  01";

	b.  Item 12b (Separation Date This Period) shows "2007  02  07";

	c.  Item 12c shows "0000  06  07"; 

	d.  Item 12d (Total Prior Active Service), shows "SEE BLOCK #18"; 

	e.  Item 12e (Total Prior Inactive Service) shows "0001  01  01"’ and 

6.  On 28 February 2007, the applicant was issued a DD Form 215 that adjusted several entries to his DD Form 214, dated 7 February 2007, including item 12a to show "2006  07  28"; item 12c to show "0000  06  10"; item 12d to show
"000  08 06"; and item 12e to show "0000  04  22."

7.  On 15 May 2007, the applicant was reassigned to Battery B, 2nd Battalion, 131st Field Artillery Regiment, Wichita Falls, TX, in MOS 52D.

8.  On 4 June 2007, the applicant was again ordered to active duty as a member of his Reserve unit for a period of 400 days in support of Operation Iraqi Freedom.  Additionally, on 1 August 2007, he was ordered retained on active duty and was assigned to the Warrior Transition Battalion, Fort Bliss, TX, to participate in the Reserve Component MRP2 for completion of medical care and/or treatment.

9.  On 8 August 2008, the applicant was discharged in accordance with 
chapter 10, Army Regulation 635-200 (Personnel Separations).  The DD Form 214 he was issued shows he was discharged in lieu of trial by a court-martial with an under other than honorable conditions discharge.  This form also shows the following entries:

	a.  Item 12a shows "2006  08  01";

	b.  Item 12b shows "2008  08  08";

	c.  Item 12c shows "0000  11  29"; 

	d.  Item 12d shows "0001  02  13;

	e.  Item 12e shows "0000  08  21"; and

	f.  Item 29 (Dates of Time Lost During this Period) shows the entries "20080616-20080517” and "20080604-20080807."

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Chapter 2 states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information. A breakdown of entries in item 12 is listed below.  Item 29 shows time lost under Title 10, U.S. Code, section 972.

	a.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  

	b.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.

	c.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after expiration of term of service, if any, are deducted and such time will be identified in item 18 (Remarks).

	d.  Item 12d, obtained from previously-issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter, "0000  00  00."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially completed 4 months and 22 days of active service from 26 July to 18 December 2005.  He then completed 6 months and 10 days when he was ordered to active duty on 1 August 2006 (the DD Form 215 adjusted this date to 28 July 2006) and he was released from active duty on 7 February 2007.  He completed a total of 11 months and 2 days of active service during the two periods of active duty.

2.  The applicant was again ordered to active duty on 4 June 2007 and was discharged on 8 August 2008.  Item 12a of the DD Form 214 he was issued incorrectly listed the date of entry on active duty as 1 August 2006.  This date should be corrected to show 4 June 2007. 

3.  The applicant completed 1 year, 2 months, and 4 days of total service.  However he had 2 days of lost time from 16 May to 17 May 2008 and 65 days of lost time from 4 June to 7 August 2008, for a total of 67 days.  His lost time is not creditable for service.  Therefore, the 67 days of lost time was subtracted from his 1 year, 2 months, and 4 days, for a net period of 11 months and 29 days which is correctly shown on his DD Form 214. 

4.  The applicant previously completed 11 months and 2 days of prior active service. However, item 12d incorrectly credited him with 1 year, 2 months, and 13 days.  This entry should be corrected to show 11 months and 2 days of prior active service.  However, the applicant did not request correction to this item and therefore it will not be corrected at this time.

5.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  The applicant’s DD Form 214 incorrectly reflected his record of service and contains errors.  Therefore, he is entitled to correction of his DD Form 214 to show the correct entries.  

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 deleting the entry "2006  08  01" from item 12a and adding the entry
"2007  06  04."

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 his "Net Active Service This Period." 



      _______ _   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)                                         AR20090016736



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ABCMR Record of Proceedings (cont)                                         AR20090016736



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