IN THE CASE OF:
BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100011019
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 accurately reflect the date he entered active duty and the total net active service period.
2. The applicant states he entered active duty on 25 January 2004, the date he started the officer basic course (OBC). He states the date shown on his DD Form 214, 16 April 2004, is the date he reported to his permanent duty station, Walter Reed Army Medical Center (WRAMC), Washington, DC.
3. The applicant provides the following documents:
* DD Form 214
* U.S. Army Human Resources Command Orders A-12-394281
* U.S. Army Human Resources Command Orders A-12-394282
* DA Form 4037 (Officer Record Brief)
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army on 8 June 1995. He completed basic combat and advanced individual training and was awarded
military occupational specialty 91B (Medical Specialist). He was honorably released from active duty on 7 June 1999 and transferred to the U.S. Army Reserve (USAR).
2. On 30 July 2003, he was appointed as a commissioned officer in the USAR in the rank/grade of second lieutenant/O-1. He is currently serving in the USAR and holds the rank/grade of captain/O-3.
3. His record shows he was ordered to temporary duty (TDY) on 9 December 2003 to attend the 10-week Army Medical Department (AMEDD) OBC at Fort Sam Houston, TX, with a "proceed date" of no later than 19 January 2004. His follow-on active duty assignment was to WRAMC with a reporting date of 16 April 2004. His active duty service obligation was for 4 years for the purpose of fulfilling his active Army requirement.
4. His DD Form 214 shows he entered active duty on 16 April 2004 and he was honorably discharged on 26 January 2008. He completed a total of 3 years, 9 months, and 11 days of creditable active service.
5. Defense Finance Accounting Service (DFAS)-verified records reflect his dates of continuous active duty were from 20 January 2004 to 26 January 2008 with no breaks in service.
6. The DA Form 4037 he provides, dated 14 September 2005, reflects his entry on active duty for current tour date as 26 January 2004.
7. U.S. Army Human Resources Command Orders A-12-394281, dated 9 December 2003, ordered him to TDY to Fort Sam Houston, TX, to attend AMEDD OBC with a "proceed date" of 19 January 2004.
8. U.S. Army Human Resources Command Orders A-12-394282, dated 9 December 2003, ordered him to active duty at WRAMC with a report date of 16 April 2004.
9. 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. It states that item 12 (Record of Service) shows the record of service. Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information. A breakdown of entries in item 12 is as follows:
* item 12a (Date Entered [Active Duty] This Period) shows the beginning date of the continuous period of active duty for issuance of a DD Form 214 for which a DD Form 214 was not previously issued
* item 12b (Separation Date This Period) shows the Soldier's transition date
* item 12c (Net Service This Period) shows the amount of service this period, computed by subtracting item 12a from item 12b, less lost time
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 incorrectly lists the date he entered active duty and that as a result his net active service date is also incorrect was carefully considered. There is sufficient evidence to support this claim.
2. Records show he was ordered to TDY to attend AMEDD OBC with a "proceed date" of 19 January 2004. DFAS verified his record of continuous active duty service was 20 January 2004 to 26 January 2008 with no breaks in service. Therefore, he is entitled to correction of his DD Form 214 to reflect these dates.
BOARD VOTE:
___X____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 entry "2004 04 16" from item 12a of his DD Form 214 for the period ending 26 January 2008 and adding the entry "2004 01 20"
* deleting the entry "0003 09 11" from item 12c of his DD Form 214 for the period ending 26 January 2008 and adding the entry "0004 00 07"
* issuing him a corrected DD Form 214 reflecting these changes
__________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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