IN THE CASE OF:	

		BOARD DATE:	 13 May 2010 

		DOCKET NUMBER:  AR20090017698 


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, correction of items 12a (Date Entered AD [Active Duty] This Period), 12b (Separation Date This Period), 12c (Net Active Service This Period), and item 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 August 2009.

2.  The applicant states:

* the two years of service noted on this DD Form 214 is incorrect
* the correct period of service is from 21 November 2006 to present
* he completed three years in November 2009
* basic and advanced individual training were not included as part of his service  

3.  The applicant provides:

* 29 January 2007 active duty training orders
* DD Form 4/1 (Enlistment/Reenlistment Document)
* 2 May 2007 active duty orders
* 6 August 2008 active duty orders
* 29 August 2008 amendment orders
* 9 July 2009 active duty orders
* 16 July 2009 amendment orders
* DD Form 214 for the period ending 16 August 2009
* DD Form 214 for the period ending 6 June 2008
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 21 November 2006 for a period of 8 years.  Orders, dated 29 January 2007, show he was ordered to initial active duty for training (approximately 11 weeks for basic training and 5 weeks for military occupational specialty training).  

2.  The applicant's retirement points detail statement shows he was immediately ordered to active duty on 25 May 2007 after completion of initial active duty for training in support of Operation Iraqi Freedom.  He served in Iraq from 11 July 2007 to 18 May 2008.  On 6 June 2008, he was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  

3.  Item 12a on the applicant's DD Form 214 for the period ending 6 June 2008 shows the entry "2007 05 25" [25 May 2007].  Item 12c on this DD Form 214 shows he served 1 year and 12 days.  Item 12e (Total Prior Inactive Service) on this DD Form 214 shows the entry "0000 00 00." 

4.  The applicant's retirement points detail statement shows he had a break in continuous active duty service from 7 June through 16 August 2008.

5.  The applicant was ordered to active duty on 17 August 2008 in support of Operation Enduring Freedom.  Discharge orders, dated 12 August 2009, show he was released from active duty effective 16 August 2009.  He was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.   

6.  Item 12a  on the applicant's DD Form 214 for the period ending 16 August 2009 shows the entry "2008 08 17 " [17 August 2008].  Item 12b on this DD Form 214 shows the entry "2009 08 16" [16 August 2009].  Item 12c on this DD Form 214 shows he served 1 year and 2 days of service.  Items 12d and 12e on this DD Form 214 show the entries "SEE BLOCK #18."  Item 18 (Remarks) shows, among other entries, the entry "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION//ITEM12D ABOVE DOES NOT ACCOUNT FOR ANNUAL AND/OR WEEKEND TRAINING THIS SOLDIER MAY HAVE ACCOMPLISHED PRIOR TO DATE ENTERD IN ITEM 12."    

7.  The applicant's retirement points detail statement shows he had a break in continuous active duty service from 17 through 29 August 2009.

8.  The applicant was ordered to active duty 30 August 2009 for operational support in support of Operation Enduring Freedom. 
9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation states, in pertinent part, that for item 12 (Record of Service) use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It further states that for:

   a.  item 12a, enter 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, enter 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, enter the amount of service this period by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after expiration term of service, if any, are deducted.  Such time will be identified in item 18 (Remarks).  If Soldier was released from active duty because of voided enlistment, enter “00 00 00”; 

   d.  item 12d, from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.  If not applicable, enter “00 00 00.” and
   
   e.  item 12e, from previously issued DD Forms 214 and/or Enlisted Record Brief/Officer Record Brief, enter the total amount of prior inactive service, less lost time, if any. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 12a on his DD Form 214 for the period ending 16 August 2009 should reflect 21 November 2006 was noted.  However, 


evidence of record shows he enlisted in the USAR on 21 November 2006 (not on active duty).  He was ordered to active duty on 17 August 2008, which is properly shown in item 12a on his DD Form 214 for the period ending 16 August 2009.

2.  However, item 12a on the applicant's DD Form 214 for the period ending         6 June 2008 shows he entered active duty on 25 May 2007.  Evidence of record shows after serving 2 months and 8 days in the USAR not on active duty, the applicant was ordered to initial active duty for training on 29 January 2007 for approximately 16 weeks, he was immediately ordered to active duty on 25 May 2007 (no break in active duty service), and he was released from active duty on  6 June 2008 (total of 1 year, 4 months, and 9 days).  Therefore, item 12a on his DD Form 214 for the period ending 6 June 2008 should be corrected to show he entered active duty on 29 January 2007.  In addition, item 12c on this DD Form 214 should be corrected to show he completed 1 year, 4 months, and 9 days and item 12e should be corrected to show he completed 2 months and 8 days of prior inactive service.    

3.  Although the applicant requests that item 12b on his DD Form 214 for the period ending 16 August 2009 be changed, orders and the retirement points detail statement show he was released from active duty on 16 August 2009.  Therefore, there is an insufficient basis for amending item 12b on the applicant’s DD Form 214 for the period ending 16 August 2009. 

4.  Evidence of record shows the applicant served on active duty from 17 August 2008 to 16 August 2009, for a total of 1 year and 2 days which is properly shown in item 12c of his DD Form 214 for the period ending 16 August 2009.  Therefore, there is insufficient evidence on which to amend 12c of this DD Form 214.  

5.  The retirement points detail statement further shows the applicant had a break in continuous active duty service from 17 through 29 August 2009.

6.  The entry in item 12c of the applicant's DD Form 214 for the period ending 
6 June  2008 which shows he completed 1 year, 4 months, and 9 days of active duty is accepted as sufficient evidence on which to amend item 12d of his DD Form 214 for the period ending 16 August 2009.

7.  The entry in item 12e of the applicant's DD Form 214 for the period ending 
6 June 2008 which shows he completed 2 months and 8 days of prior inactive service is accepted as sufficient evidence on which to amend item 12e of his DD Form 214 for the period ending 16 August 2009.  



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:

	a.  deleting the entries in items 12a, 12c, and 12e on his DD Form 214 for the period ending 6 June 2008;

	b.  adding the entry "2007 01 29" in item 12a on his DD Form 214 for the period ending 6 June 2008;

	c.  adding the entry "0001 04 09" in item 12c on his DD Form 214 for the period ending 6 June 2008; 

	d.  adding the entry "0000 02 08" in item 12e on his DD Form 214 for the period ending 6 June 2008;

	e.  deleting the entries in items 12d and 12e on his DD Form 214 for the period ending 16 August 2009;

	f.  adding the entry "0001 04 09" in item 12d on his DD Form 214 for the period ending 16 August 2009; and

	g.  adding the entry "0000 02 08" in item 12e on his DD Form 214 for the period ending 16 August 2009.

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 amending items 12a, 12b, and 12c on his DD Form 214 for the period ending 16 August 2009.  




      _______ _ 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)                                         AR20090017698



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ABCMR Record of Proceedings (cont)                                         AR20090017698



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