IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100011050 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 12 (Record of Service), to show his time on active duty for Basic Training (BT) and Advanced Individual Training (AIT) for military occupational specialty (MOS) 09L (Translator Aide).

2.  He states his DD Form 214 only reflects his deployment in Item 12.  He entered on active duty for training on 29 May 2007 and none of his training time is included.  Therefore, his DD form 214 is short 4 months and 5 days of service.

3.  He provides copies of:

* His Defense Language Institute Certificate
* His BT Certificate
* His 09L Interpreter/Translator MOS Certificate
* His DD Form 214 for the period ending 22 September 2008

CONSIDERATION OF EVIDENCE:

1.  His military records show he enlisted in the U.S. Army Reserve (USAR) in pay grade E-4 on 8 December 2006, for 8 years.

2.  He completed the American Language Course at the Defense Language Institute on 15 June 2007.  He successfully completed BT on 24 August 2007.  

On 4 October 2007, after meeting the requirements of instruction for MOS 09L, he was declared a graduate and issued a diploma from the U.S. Army Training Center, Fort Jackson, SC.

3.  Orders A-10-720315, issued by U.S. Army Human Resources Command, Alexandria, VA, dated 3 October 2007, ordered the applicant to active duty in support of Operation Iraqi Freedom (OIF) with a reporting date of 7 October 2007.

4.  He was honorably released from active duty on 22 September 2008 at the completion of his required active service.  He was transferred to the USAR Control Group (Reinforcement).  The DD Form 214 he was issued shows the following entries:

* Item 12a (Date Entered on Active Duty This Period) shows "2007  10  05"
* Item 12b (Separation Date This Period) shows "2008  09  22"
* Item 12c (Net Active Service This Period) shows "0000  11  18"
* Item 12d (Total Prior Active Service) shows "0000  00  00"
* Item 12e (Total Prior Inactive Service) shows "0000  09  27"
* Item 12f (Foreign Service) also shows "0000  09  28"
* Item 18 (Remarks) shows he served in Iraq from 10 November 2007 to 7 September 2008

5.  On 12 October 2010, a staff member of the Defense Finance and Accounting Service (DFAS) verified the applicant reported for active duty on 25 May 2007 and he was released from active duty on 22 September 2008, thereby serving a total of 1 year, 3 months, and 29 days of active service.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* 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
* Item 12b, enter the Soldier’s transition date
* Item 12c, enter the amount of service this period, computed by subtracting Item 12a from Item 12b (less lost time)
* Item 12d, from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.  If not applicable, enter "00  00  00"
* Item 12e, from previously issued DD Forms 214 and/or Enlisted Record Brief (ERB), enter the total amount of prior inactive service, less lost time, if any
* Item 12f, from the ERB, enter the total amount of foreign service completed during the period covered by the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on 8 December 2006 and he served through 24 May 2007 for a period of 5 months and 17 days.  He entered active duty for training on 25 May 2007 followed by mobilization on 5 October 2007 in support of OIF.  He continued to serve on active until he was released on 22 September 2008 and transferred back to the control of the USAR.

2.  The evidence shows he was issued a DD Form 214 crediting him with active duty service from 5 October 2007 to 22 September 2008.  He was also credited with 11 months and 18 days of net active service this period.  He was not credited with any prior active service and 9 months and 27 days of total prior inactive service.

3.  His official military personnel file does not show he entered active duty prior to 5 October 2007; however, DFAS records show he entered active duty on 25 May 2007.  Therefore, he is entitled to correction of his DD Form 214 to show in Item 12a he entered active duty on 25 May 2007.  He is also entitled to correction of Item 12c to show his net service this period as 1 year, 3 months, and 29 days.  Additionally, a correction to Items 12a and 12c requires a correction to Item 12e to show 5 months and 17 days of total prior inactive service for his USAR service from 8 December 2006 to 24 May 2007.

4.  In view of the foregoing, his records 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 the 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 22 September 2008 the entry "2007  10  05" and replacing it with the entry
"2007  05  25";

   b.  deleting from Item 12c of his DD Form 214 for the period ending
22 September 2008 the entry "0000  11  18" and replacing it with the entry "0001 03  29"; and

   c.  deleting from Item 12e of this DD Form 214 for the period ending
22 September 2008 the entry "0000  09  27" and replacing it with the entry "0000 05  17."



      ___________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)                                         AR20100011050



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ABCMR Record of Proceedings (cont)                                         AR20100011050



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