IN THE CASE OF:	  

		BOARD DATE:	  6 May 2010

		DOCKET NUMBER:  AR20090017479 


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) for the period ending 28 March 2008 to show his total prior active and inactive service.

2.  The applicant states he simply needs a DD Form 215 (Correction to DD Form 214) to show the service recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 October 1972.

3.  The applicant provides a copy of his two abovementioned DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a commissioned officer in the U.S. Army Reserve (USAR) on 8 June 1969.

2.  Records show the applicant entered active duty for training (ADT) on 4 July 1972 and he was honorably released from ADT on 3 October 1972, and transferred to the USAR Control Group (Annual Training).  Item 22 (Statement of Service), block a (Creditable for Basic Pay Purposes) of his DD Form 214 for this period of service shows in:

   a.  (1) (Net Service This Period) the entry "0 years, 3 months, and 0 days";

   b.  (2) (Other Service) the entry "3 years, 0 months, and 26 days";
   c.  (3) (Total (Line (1) plus Line (2)) the entry "3 years, 3 months, and
26 days"; and

   d.  block b (Total Active Service) the entry 0 years, 3 months, and 0 days.

3.  An ARPC Form 249-E (Chronological Statement of Retirement Points), dated 27 March 2010, shows the applicant served in the USAR from 8 June 1969 through 1 May 2001.  From retirement year (RY) beginning 8 June 1972 through RY ending 1 May 2001 he completed 28 years, 10 months, and 24 days of qualifying service for retirement.

4.  Headquarters, 99th Regional Support Command (RSC), Oakdale, PA, Orders 01-041-006, dated 10 February 2001, show the applicant was released from his Reserve assignment on 1 May 2001 and transferred to the USAR Retired Reserve, effective 2 May 2001.

5.  Records show the applicant was ordered to active duty in support of Operation Iraqi Freedom on 6 August 2006.  He was honorably released from active duty on 28 March 2008 based on completion of required active service and transferred to the USAR Control Group (Retired Reserve).  Item 12 (Record of Service) of his DD Form 214 for this period of service shows in block 12 (Record of Service):

   a.  c (Net Active Service This Period) the entry 1 year, 7 months, and
23 days;

   b.  d (Total Prior Active Service) the entry "SEE BLOCK #18"; and
   
   c.  e (Total Prior Inactive Service) the entry "SEE BLOCK #18."

6.  Item 18 (Remarks) of his DD Form 214 for the period of service contains the statement "SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND SOLDIER'S AFFIDAVIT//DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION" and "ITEM 12D ABOVE DOES NOT ACCOUNT FOR ANNUAL AND/OR WEEKEND TRAINING THIS SOLDIER MAY HAVE ACCOMPLISHED PRIOR TO DATE ENTERED IN ITEM 12A."

7.  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, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

   b.  The instructions for block 12 state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.
   
   (1)  Block d states from previously-issued DD Forms 214, enter total
amount of prior active military service less lost time, if any.

   (2)  Block e states from previously-issued DD Forms 214, 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 for the period ending 28 March 2008 should be corrected to show his total prior active and inactive service.

2.  The applicant's DD Form 214 for the period ending 3 October 1972 credited him with 3 months of net active service.  He was also credited with 3 years and 26 days of other [USAR] service.

   a.  There is no evidence the applicant was ordered to active Federal service during the period from 4 October 1972 to 5 August 2006.

	b.  The applicant was ordered to active duty on 6 August 2006.

   c.  Item 12, block d, of the applicant's DD Form 214 for the period ending
28 March 2008 does not show his 3 months of total prior active service. Therefore, it would be appropriate to correct this item.

3.  The applicant DD Form 214 for the period ending 3 October 1972 credited him with 3 years and 26 days of net other [USAR] service.  The regulatory guidance states that for item 12, block e, enter the total amount of inactive service from previously issued DD Forms 214.  Therefore, it would be appropriate to correct item 12, block e, of his DD Form 214 for the period ending 28 March 2008 to show 3 years and 26 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:

   a.  deleting from item 12, block d, the entry "SEE BLOCK #18" and replacing it with the entry "0000  03  00"; and

   b.  deleting from item 12, block e, the entry "SEE BLOCK #18" and replacing it with the entry "0003  00  26."



      ____________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)                                         AR20090017479



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ABCMR Record of Proceedings (cont)                                         AR20090017479



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