IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20100000850
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) ending on 2 December 2004 to accurately show his service.
2. The applicant states, in effect, that his Enlisted Record Brief (ERB) cannot be fixed until the above DD Form 214 is corrected. The errors are impacting the service on his current enlistment.
3. The applicant provides two DD Forms 4/1 (Enlistment/ Reenlistment Document), dated 10 March 1999 and 2 October 2008; a DA Form 1995 (Oath of Extension), dated 9 January 2002; III Corps and Fort Hood Orders 306-0227, dated 1 November 2004; a DA Form 2166-8 ([Noncommissioned Officer] NCO Evaluation Report), ending on 10 October 2004; a DD Form 214, ending on
2 December 2004; and Army Human Resources Command Orders D-03-706080, dated 14 March 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Tennessee Army National Guard (TNARNG) on 10 March 1999 with a total Reserve obligation of 8 years.
2. The applicant's 24 January 2000 DD Form 214 shows he served as a member of the ARNG in an initial active duty for training (IADT) status from 7 September 1999 through 24 January 2000 after completing 5 months and 27 days of prior inactive service. Upon completion of this training he returned to the TNARNG.
3. A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant was honorably discharged for the purpose of enlistment or reenlistment. He served in the TNARNG from 10 March 1999 through 29 August 2001.
4. On 3 October 2001, the applicant enlisted in the Regular Army. The block for prior service on the DD Form 4 is blank.
5. A DA Form 1695, dated 9 January 2002, shows he extended his enlistment through 2 December 2004.
6. III Corps and Fort Hood Orders 306-0227, dated 1 November 2004, show the applicant was released from active duty effective 2 December 2004 and assignment to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His terminal date of Reserve obligation is shown as 9 March 2007.
7. A DD Form 214 issued on 2 December 2004 shows the applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). This DD Form 214 shows he served in an active duty status from 7 September 1999 through 2 December 2004. This service equals 5 years
2 months, and 26 days. It shows he completed 4 months and 18 days of prior active service; and 1 year, 8 months, and 8 days of prior inactive service.
8. Army Human Resources Command St. Louis Orders D-03-706080, dated 14 March 2007, honorably discharged the applicant from the USAR.
9. The applicant's 2 October 2008 DD Form 4/1 shows he reenlisted in the Regular Army on this date for 4 years. The block for prior service is blank.
10. Army Regulation 635-5 (Separation Documents) provides line-by-line instructions for completion of the DD Form 214. The instructions for block 12 (Record of Service) state "Use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information." Additionally, it provides:
a. Item 12a (Date Entered Active Duty (AD) This Period) enter the beginning date of the continuous period of AD for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.
b. Item 12b (Separation Date This Period) 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 (Net Active Service This Period) enter the amount of service completed this period (compute by subtracting item 12a from 12b).
d. Item 12d (Total Prior Active Service) enter total amount of prior active military service from previously-issued DD Forms 214.
e. Item 12e (Total Prior Inactive Service) enter the total amount of prior inactive service from previously-issued DD Forms 214 and/or ERB/ORB.
DISCUSSION AND CONCLUSIONS:
1. The applicant states the service on his 2 December 2004 DD Form 214 must be fixed before his ERB can be fixed.
2. The applicant's 24 January 2000 DD Form 214 correctly shows 4 months and 18 days of active duty service, and 5 months and 27 days of prior inactive service.
3. The applicant's NGB 22 correctly shows he was an active member of the TNARNG from 10 March 1999 through 29 August 2001. This period of service equals 2 years, 5 months, and 20 days. After subtracting his IADT service from the total amount of service completed his inactive service equals 2 years, 1 month, and 2 days.
4. The applicant did not officially enlist in the Regular Army until 3 October 2001. He had an 8-year service obligation, until March 2007. Therefore his USAR inactive service equals 1 month and 2 days.
5. The applicant's 2 December 2004 DD Form 214 is in error and should be corrected as follows:
a. block 12a shows he entered active service this period on the date of his IADT, not the date of his Regular Army enlistment. This date should be corrected to show 3 October 2001;
b. block 12c shows he completed 5 years, 2 months, and 26 days of active service. The entry should be corrected to show 3 years and 2 months; and
c. block 12e shows 1 year, 8 months, and 8 days of prior inactive service. This entry should be corrected to show 2 years, 2 months, and 4 days.
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 deleting the entries on the 2 December 2004 DD Form 214 at blocks 12a, 12c, and 12e and replacing them with the entries as follows: at block 12a, 3 October 2001; at block 12c, 3 years, and 2 months; and at block 12e, 2 years, 2 months, and 4 days.
_______ _ _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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