IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100000931 


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), dated 29 October 2008, as follows:

	a.  item 6 (Reserve Obligation Termination Date) to show "20100620" instead of "20111029";

	b.  item 12d (Prior Active Service) to show 1 year; and

	c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show the Combat Infantryman Badge (CIB).

2.  The applicant states the CIB is not listed on his DD Form 214.  He also states that he enlisted on 20 June 2002 for 8 years.  Therefore, his military service obligation (MSO) should have terminated on 20 June 2010, not 29 October 2011 as shown on his DD Form 214.

3.  The applicant provides copies of the following documents:

* DD Form 214, dated 29 October 2008
* DD Form 4 (Enlistment/Reenlistment Document), dated 30 October 2003
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 20 June 2003
* Permanent Orders 317-043, dated 13 November 2005


CONSIDERATION OF EVIDENCE:

1.  The applicant was issued a DD Form 215 (Correction to DD Form 214) on 12 February 2010 that added award of the CIB.  He was provided with a copy of this form by separate correspondence and he confirmed that he received it.  Therefore, the issue of the CIB will not be discussed further in the Record of Proceedings.

2.  The applicant's records do not contain any official documents related to his service in the Connecticut Army National Guard (ARNG); however, he provided a copy of his NGB Form 22 that shows he enlisted in the Connecticut ARNG on 20 June 2002.

3.  His NGB Form 22 shows he was discharged on 20 June 2003 under the authority of paragraphs 8-26c and 8-25a of National Guard Regulation 600-200 (Enlisted Personnel Management) by reason of entry-level performance and conduct for failure to report to initial active duty for training (IADT) Phase 1 or 2.  This form also shows the following entries:

* item 9 (Command to Which Transferred) shows the entry "N/A"
* item 10 (Record of Service) shows he completed 1 year and 1 day of total service for pay but had no active duty service
* item 11 (Terminal Date of Reserve/Military Service Obligation) shows the entry "10  06  19."

4.  His records also show he enlisted in the Regular Army (RA) for a period of 5 years on 30 October 2003.  Item 10a (Military Service Obligation) of his DD Form 4 contains the statement:  "If this is my initial enlistment, I must serve a total of eight (8) years.  Any part of that service not covered on active duty must be served in a Reserve Component (RC) unless I am sooner discharged."

5.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was assigned to Company B, 2nd Battalion, 504th Infantry Regiment (Airborne).  He served in Afghanistan from 10 April 2005 to 10 April 2006 and in Iraq from 7 June 2007 to 21 July 2008.

6.  He was honorably released from active duty in the rank/grade of sergeant/E-5 on 29 October 2008 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.

7.  The DD Form 214 he was issued shows he completed 5 years of creditable active service.  This form also shows the following entries:
* 
item 6 shows the entry "20111029"
* item 12d (Total Prior Active Service) shows the entry "0000  00  00"
* item 12e (Total Prior Inactive service) shows the entry "0000  00  00"

8.  An electronic mail message, dated 19 July 2010, from the Defense Finance and Accounting Service shows the applicant was a satisfactory participant in his unit's training assemblies during the period 10 August 2002 through 26 May 2003.

9.  National Guard Regulation 600-200 sets forth the basic authority for the separation of enlisted personnel of the Army National Guard.  This regulation states that a discharge for the purpose of complete separation from military service terminates a Soldier's statutory and contractual military service obligation on the effective date of the discharge.  Additionally, paragraph 26c is used for Soldiers who are within the first 180 days of their enlistments when separation processing is started and who will normally receive an uncharacterized entry-level separation.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the RA, USAR, and ARNG.  Paragraph 1-10 states that service in the USAR or ARNG is either statutory or contractual.

	a.  Statutory Service:  Under the provisions of Title 10, U.S. Code, section 651, each person who becomes a member of a U.S. Armed Force, either by enlistment, appointment, or induction, will serve in the U.S. Armed Forces for a total initial period of 8 years.  Any part of such service that is not active duty will be performed in an RC.  A person's statutory military service obligation runs concurrently with a contractual military service obligation.

	b.  Contractual Service:  Each person who enlists or reenlists in a U.S. Armed Force executes a contractual agreement (DD Form 4) that establishes the terms of the service to be performed in that U.S. Armed Force.  The contractual agreement runs concurrently with all incurred statutory obligations.  Following termination of all statutory obligations, any subsequent military service is served according to the terms of the contractual agreement.

11.  Army Regulation 135-91 (Army National Guard and Army Reserve Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes policies and procedures governing the various types of service obligations and participation requirements.  Paragraph 
2-5c states that Soldiers reentering the Active Force and transferred to the USAR after completing active duty will serve the number of years, months, and days, if any, left from their previous statutory obligation.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.

	a.  Item 6 shows the Soldier's Reserve obligation termination date.  This is the completion date of the statutory MSO incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  Department of Defense policy requires a Soldier with no previous military service who enlisted or was appointed on or after 1 June 1984 to serve a period of 8 years.  The MSO starts on the date of initial enlistment or appointment in the RA, ARNG, or the USAR to include the Delayed Entry Program.

	b.  Item 12 shows the record of service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter "00  00  00."

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's MSO, he enlisted in the ARNG on 20 June 2002 and had an 8-year MSO but he failed to report to IADT and he was discharged on 20 June 2003.  According to his NGB Form 22, he completed 1 year and 1 day of prior inactive service.  Therefore, he had 6 years, 11 months, and 29 days of remaining service obligation.  He then enlisted on 30 October 2003.  Therefore, his MSO should have been established as 8 years minus the 1 year and 1 day he had already served.  Although he lacked necessary military training by failing to complete IADT, he was an active participant in his unit's training assemblies.  His MSO should have been listed as 29 October 2010.

2.  With respect to his prior active service, there is no evidence he completed any active service prior to his enlistment on 30 October 2003.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  He did not previously perform any active duty and should not receive credit for any prior active duty.  Nevertheless, he performed 1 year and 1 day of prior inactive service that should be listed on his DD Form 214.

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 6 of his DD Form 214 the entry "20111029" and adding the entry "20101029" and

	b.  deleting from item 12e (Total Prior Inactive Service) of his DD Form 214 the entry "0000  00  00" and adding the entry "0001  00  01."

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 his prior active service and his requested MSO of 20 June 2010.



      ____________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)                                         AR20100000931



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100000931



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1