IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100021110
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 9 November 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was on active duty prior to 5 July 2007, and item 12a of his DD Form 214 should reflect 5 July 2006 instead of 5 July 2007.
3. The applicant indicates he provided a copy of his deployment order with his request; however, it was not included with his application when it was received by this Board.
CONSIDERATION OF EVIDENCE:
1. The applicants Official Military Personnel File (OMPF) does not include an enlistment document for the period in question.
2. The DD Form 214 in question shows that after having prior AD and Reserve Component (RC) service the applicant was ordered to active duty in support of Operation Enduring Freedom. Section 12 (Record of Service) of this document includes the following entries which contain the following entries:
* item 12a 2007 07 05
* item 12b (Separation Date this Period) 2007 11 09
* item 12c (Net Active Service This Period) 0001 04 05
* item 18 (Remarks) SERVICE IN KOSOVO 20061027 20071009
3. As indicated above, the DD Form 214 shows the applicant was released from active duty on 9 November 2007, after completing 1 year, 4 months, and 5 days of creditable active duty service.
4. A review of the applicant's Defense Finance and Accounting Service (DFAS) military pay record confirms he reported to active duty on 5 July 2006.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for completing Item 12a states to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued. The instructions for item 12c state to enter the amount of service completed during the period covered by the DD Form 214, which is computing by subtracting item 12a from 12b..
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 12a of his 9 November 2007 DD Form 214 should be corrected.
2. It is obvious an error occurred when the applicants 9 November 2007 DD Form 214 was prepared to show he completed 1 year, 4 months, and 5 days of service from the period 5 July to 9 November 2007. The evidence of record confirms he reported to active duty on 5 July 2006, as evidenced by his DFAS record, and item 18 of his DD Form 214 confirms he served in Kosovo from 27 October 2006 through 9 October 2007. As a result the applicants claim that he was serving on active duty prior to 5 July 2007 is further corroborated.
3. The evidence of record confirms the applicant entered active duty on 5 July 2006 instead of 5 July 2007. As a result, item 12a of his DD Form 214 should be corrected accordingly at this time.
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 amending the DD Form 214 by deleting the current entry in Item 12a and adding 2006 07 05 and providing him a document that reflects this change.
_______ _ _______ ___
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) AR20100021110
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ABCMR Record of Proceedings (cont) AR20100021110
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