BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090019631
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 January 2008 to show in item 12a (Date Entered AD This Period) "2005 01 08."
2. The applicant states, in effect, his report date to his unit was entered in item 12a instead of the date he entered active duty.
3. The applicant provides his DD Form 214, dated 7 January 2008; Army Human Resource Command (AHRC) Orders R-12-478779, dated 16 December 2004; and Orders R-12-478779A04, dated 1 February 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that after previously serving in the Army National Guard he enlisted in the Army Reserve on 12 October 1999 where he served until he enlisted in the Army National Guard on 3 April 2008. He was awarded the military occupational specialties of personnel service specialist, generator mechanic, and wheeled vehicle mechanic. The highest rank/grade he held was staff sergeant/E-6.
2. AHRC-ARE-A522 Orders R-12-478779, dated 16 December 2004, and
AHRC-ARE-A522 Orders R-12-478779A04, dated 1 February 2005, show the applicant was ordered to active duty in an Active Guard Reserve (AGR) status with a reporting date of 8 January 2005. His orders show he was to attend the AGR Entry Training and the Wheeled Vehicle Mechanic courses prior to reporting to his duty unit.
3. Item 12a of the applicant's DD Form 214 contains the entry "2005 04 28." Item 12c (Net Active Service This Period) contains the entry "0002 08 10."
4. Army Regulation 635-5 (Personnel Separations - 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. It states 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. This regulation prescribes that a DD Form 214 will be prepared for each Reserve component Soldier completing 90 days or more of continuous AGR service. It further states that for 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.
5. A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant attended the Wheeled Vehicle Mechanic Course during the period 7 February to 28 April 2005.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was ordered to active duty effective 8 January 2005. He entered in an active duty status and served continuously until he was released from active duty on 7 January 2008. As such, he is entitled to have his DD Form 214 corrected to show "2005 01 08" in item 12a.
2. Based on the correction to item 12a the applicant is entitled to correction of item 12c to show "0003 00 00."
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 the individual's DD Form 214 be corrected by:
a. amending item 12a to show "2005 01 08"; and
b. amending item 12c to show "0003 00 00."
_______ _ 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) AR20090019631
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ABCMR Record of Proceedings (cont) AR20090019631
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