IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100007217
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 item 12a (Date Entered Active Duty (AD) This Period) of his final DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that item 12a of his DD Form 214 documenting his service as an officer should reflect the day following his discharge from active duty in an enlisted Soldier.
3. The applicant provides a copy of his DD Form 214 for the periods ending
21 April 1999 and 15 April 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he initially entered active duty in an enlisted status on 22 May 1997 and continuously served until he was honorably discharged to accept a commission or warrant in the Army on 21 April 1999. The DD Form 214 issued at that time contains the entry 1997 05 22 in item 12a and shows he completed 1 year and 11 months of creditable active service.
2. On 22 April 1999, the applicant was appointed a Reserve warrant officer of the Army in the rank of WO1 with concurrent call to active duty. He served in area of concentration 154CC (CH-47D Pilot).
3. The applicant continuously served until he was honorably discharged from active duty on 15 April 2009. The DD Form 214 issued at that time contains the following entries in the items indicated:
* item 12a - 1997 05 22
* Item 12b (Separation Date This Period) - 2009 04 15
* item 12c (Net Active Service This Period) - 0009 11 24
4. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214.
5. The separation documents regulation contains item-by-item instructions for completing the DD Form 214. The instruction for item 12, (Record of Service), specifies that the following entries will be made in the items indicated:
a. item 12a will be 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 12c will be the amount of service this period, computed by subtracting item 12a from 12b (Separation Date This Period); and
c. item 12d will be the total amount of prior active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 12a of DD Form 214 for the period ending 15 April 2009 should be corrected. There is sufficient evidence to support this claim.
2. By regulation, item 12a will be the beginning date of the continuous period of active duty service for which a DD Form 214 was not previously issued. Therefore, it is clear an error occurred when the applicants 21 April 1999 and 14 April 2009 DD Form 214, which document two separate periods of active duty service, were both issued showing he entered active duty on 22 May 1997.
3. The evidence of record confirms the applicant first served on active duty in an enlisted status from 22 May 1997 to 21 April 1999 and then as a warrant officer from 22 April 1999 to 15 April 2009. Therefore, item 12a of his DD Form 214 for
the period ending 15 April 2009 should be correct to show he entered active duty this period on 22 April 1999. All other entries for item 12 appear to be correct.
4. In view of the foregoing, the applicant's DD Form 214 for the period ending
15 April 2009 should be corrected as recommended 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 all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 12a of his DD Form 214 for the period ending 15 April 2009 the entry "1997 05 22" and replacing it with the entry 1999 04 22; and
b. issuing him a corrected DD Form 214 to reflect this change.
__________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) AR20100007217
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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