IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100009400
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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), effective
21 May 2009, be corrected to show 22 February 2005.
2. The applicant states his DD Form 214 does not properly reflect his first period of service; however, the correct dates are shown in the remarks section of this form.
3. The applicant provides the following in support of his application:
* DD Form 214, effective 21 May 2009
* Honorable discharge certificate, effective 1 August 2006
* Oath of Enlistment, dated 2 August 2006
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Delayed Entry Program (DEP) on 22 February 2005 and enlisted in the Regular Army on 3 March 2005 for a period of 3 years. He served continuously until he was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial with an under other than honorable conditions discharge on 21 May 2009. The highest rank he attained was specialist/pay grade E-4.
2. The records show he was issued a DD Form 214 for the period 3 March 2005 to 21 May 2009.
3. Item 12a of his DD Form 214 contains the entry "2005 03 03." Item 12e (Total Prior Inactive Service) shows the entry "0000 00 00."
4. Army Regulation 635-5, Chapter 2 contains item-by-item preparation instructions for the DD Form 214. The instructions are as follows for the line items indicated:
a. 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.
b. item 12e (Total Prior Inactive Service) - DEP time that began on or after
1 January 1985 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable service for completing the statutory military service obligation and will be entered in block 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the entry in item 12a of his DD Form 214 be corrected to show 22 February 2005.
2. The evidence of record shows he enlisted in the DEP on 22 February 2005 and enlisted in the Regular Army on 3 March 2005. He continuously served in an active duty status until he was discharged on 21 May 2009.
3. Army Regulation 635-5 states DEP time completed after 1 January 1985 will be shown in the remarks section of the DD Form 214. Therefore, the entry in item 12a of his DD Form 214 is correct.
4. In view of the above, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20100009400
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100009400
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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