IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20090020983
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) to show he enlisted for 3 years instead of 4 years. He also requests award of the Combat Action Badge (CAB).
2. The applicant states he enlisted for 3 years not 4 years.
3. The applicant provides a copy of his DD Form 214, CAB orders, and his enlistment contract.
CONSIDERATION OF EVIDENCE:
1. The applicants records show he enlisted in the Regular Army on 28 May 2002 for 3 years.
2. Orders 361-0203, dated 27 December 2006, show that his reporting date to the transition point was 14 February 2007 which was later amended to 9 January 2007. He was honorably released from active duty on 15 February 2007.
3. Item 11 (Primary Specialty) of the applicant's DD Form 214 shows that he served in military occupational specialty (MOS) 13B (Cannon Crewmember) for
4 years.
4. Item 12 (Record of Service) of the applicant's DD Form 214 shows the following:
* 12a (Date Entered Active Duty This Period), 28 May 2002
* 12b (Separation Date this Period), 15 February 2007
* 12c (Net Active Service this Period), 4 years, 3 months, and 24 days
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CAB.
6. Permanent Orders 208-035D, dated 27 July 2006, show the applicant was awarded the CAB for being engaged or engaging the enemy on 13 July 2006.
7. There is no documentation in the available records that show the applicant was extended on active duty after 27 May 2005 (3-year enlistment). However, his Enlisted Record Brief shows an expiration term of service date of
30 November 2006.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that 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. Item 12a requires the preparer to enter the beginning date of the continuous period of AD for which a DD Form 214 was not previously issued. Additionally, item 12c is the amount of service this period, computed by subtracting item 12a from 12b.
DISCUSSION AND CONCLUSIONS:
1. It is unclear whether the applicant is referring to the 4 years listed in item 11 of his DD Form 214 or the 4 years listed in item 12c. Item 11 represents the total years and months the applicant held his primary MOS whereas item 12c is the total number of years the applicant served on active duty. This number is the result of subtracting the date he entered active duty from the date of separation.
2. Although there are no documents available that show the applicant was extended on active duty after completion of his 3-year enlistment, the presumption of regularity must be applied. Additionally, there is no requirement to list the number of years for which a Soldier enlists on the DD Form 214. However, his DD Form 214 incorrectly credits him with 4 years, 3 months and
24 days of active duty service. His correct service equals 4 years, 8 months, and 18 days.
3. Permanent Orders 208-035D awarded the applicant the CAB. Therefore, his records should be corrected to show this award.
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 from item 12c of the applicant's 15 February 2007 DD Form 214 the entry "0004 03 24" and replacing it with the entry "004 08 18"; and
b. adding to item 13 of his DD Form 214 the CAB.
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 a 3-year enlistment.
_______ _ 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.
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