IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100012904
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 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 21 years, 6 months, and 28 days instead of 20 years, 10 months, and 6 days of active service.
2. The applicant states his retirement orders were amended to show completion of the contested period of active service.
3. The applicant provides:
* DD Form 214
* Orders 275-05 (Retirement)
* Orders 192-10 (Amendment)
* Orders 275-06 (Separation)
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he previously served in the Army National Guard from on or about 3 March 1986 to on or about 4 February 1987. During this period, he entered active duty for training and he completed 4 months and 1 day of creditable active service. Copies of his enlistment contract or prior DD Form 214 are not available for review with this case.
2. His records show he enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 5 February 1987. He was discharged from the DEP on 25 March 1987.
3. He enlisted in the Regular Army on 26 March 1987. He subsequently served through multiple reenlistments in various staff and leadership positions within and outside the continental United States and attained the rank/grade of sergeant first class (SFC)/E-7.
4. On 2 October 2006, Office of the Administrative Assistant to the Secretary of the Army, Arlington, VA, published Orders 275-05 releasing the applicant from active duty effective 30 September 2007 and placing him on the Retired List on 1 October 2007. The orders listed the following entries:
* Voluntary Retirement "20 10 06"
* Date Initially Entered Military Service "12 December 1985"
* Basic Pay "20 10 06"
5. On 11 July 2007, the same orders issuing authority issued Orders 192-10 amending the previous order to show the entry "Basic Pay 21 06 28."
6. He was retired on 30 September 2007 and placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 October 2007. His DD Form 214 shows the following entries:
* Item 12a (Date Entered Active Duty This Period), "1986 09 04"
* Item 12b (Separation Date This Period), "2007 09 30"
* Item 12c (Net Active Service This Period), "20 06 05"
* Item 12d (Total Prior Active Service), "000 04 01"
* Item 12e (Total Prior Inactive Service), "000 08 22"
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. 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. A breakdown of entries in item 12 is as follows:
a. Item 12a shows 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 12b shows the Soldier's transition date.
c. Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b. Lost time, if any, is deducted and identified in item 18 (Remarks).
d. 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 "0000 00 00."
e. Item 12e is obtained from previously issued DD Forms 214 and/or Enlisted/Officer Record Brief. It shows the total amount of prior inactive service, less lost time, if any. 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 mandatory service obligation and will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant previously completed 4 months and 1 day of creditable active service while in the Army National Guard. He enlisted in the Regular Army on 26 March 1987 and retired on 30 September 2007. He completed 20 years, 6 months, and 5 days of active service.
2. Item 12a of his DD Form 214 erroneously listed his date of entry on active duty as 4 September 1986. This date should be corrected to show 26 March 1987. When subtracting the corrected entry date from the separating date, the result is 20 years, 6 months, and 5 days which is correctly shown in item 12c of the same DD Form 214.
3. The applicant previously completed 4 months and 1 day of prior active service and 8 months and 22 days of prior inactive service which when combined with his 20 years, 6 months, and 5 days add up to 21 years, 6 months, and 28 days for pay. His retirement orders were amended to show he completed 21 years, 6 months, and 28 days of service for pay; they did not change his active service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_____X__ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 deleting from item 12a the entry "1986 09 04" and replacing it with the entry "1987 03 26."
2. The Board further determined 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 correction of his net active service.
____________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) AR20100012904
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ABCMR Record of Proceedings (cont) AR20100012904
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