IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100024156 


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) for the period ending on 12 December 2005 to show his correct prior service.

2.  The applicant states he previously requested correction of item 12d (Total Prior Active Service) of his DD Form 214 for the period ending 12 December 2005 and he was issued a DD Form 215 (Correction to DD Form 214).  However, the DD Form 215 corrected item 12c (Net Active Service This Period) instead.  He now has a DD Form 214, as corrected by the DD Form 215, with an incorrect entry in item 12c and item 12d.

3.  The applicant provides copies of:

* His DD Form 214 for the period ending on 12 December 2005
* His DD Form 215, dated 15 February 2007
* His DD Form 214 for the period ending on 30 July 2002
* His U.S. Navy (USN) DD Form 214 for the period ending on 23 August 1988

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USN on 9 June 1987 and he was honorably released from active duty on 23 August 1988 and he was transferred to the U.S. 

Naval Reserve (USNR) Personnel Center on 23 August 1988.  He was issued a DD Form 214 that shows he completed 1 year, 2 months, and 15 days of creditable active service.

2.  He entered the USNR on 24 August 1988.  His complete service in this component is not available for review with this case.  However, he appears to have been discharged from the USNR on 30 July 1994.

3.  After a break in service, on 22 December 1998, he enlisted in the Pennsylvania Army National Guard (PAARNG).  He attained the rank/grade of staff sergeant (SSG)/E-6 and he completed the Officer Candidate School (OCS). He was honorably discharged from the ARNG on 14 July 2000 to accept an appointment as a commissioned officer.

4.  He was appointed as second lieutenant in the PAARNG and he executed a National Guard Bureau (NGB) Form 337 (Oaths of Office) on 15 July 2000.

5.  He entered active duty for training (ADT) on 31 March 2002 and he completed the Engineer Officer Basic Course.  He was honorably released from ADT on 30 July 2002.  His DD Form 214 for this period shows he completed 4 months of creditable active service.

6.  He was ordered to active duty in support of Operation Iraqi Freedom (OIF) on 28 June 2004 and he subsequently served in Kuwait/Iraq from 1 December 2004 to 1 November 2005.  He was honorably released from active duty on
12 December 2005.  He completed 1 year, 5 months, and 15 days of creditable active service during this period.  His DD Form 214 for this period of service shows in:

* Item 12a (Date Entered AD (Active Duty) This Period) the entry "2004  06  28"
* Item 12b (Separation Date This Period) the entry "2005  12  12"
* Item 12c the entry "0001  05  15"
* Item 12d the entry "0001  02  15"

7.  On 15 February 2007, he was issued a DD Form 215 that corrected his
DD Form 214 for the period ending on 12 December 2005 as follows:

* deleted from item 12d the entry "0001  02  05"
* added to item 12c the entry "0001  06  15"

8.  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.  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.  It further states 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 12b (less lost time)
* Item 12d, obtained from previously-issued DD Forms 214, enter the total amount of prior active military service less time lost

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the USN from 9 June 1987 to 23 August 1988.  He was issued a DD Form 214 for this period of active duty that shows he completed 1 year, 2 months, and 15 days of creditable active service.  He entered ADT on 31 March 2002 and he was honorably released from ADT on 30 July 2002.  He was issued a DD Form 214 for this period of active duty that shows he completed 4 months of creditable active service.  As such, he had completed a total of
1 year, 6 months, and 15 days of total active service thus far.

2.  He was ordered to active duty in support of OIF on 28 June 2004 and he was honorably released from active duty on 12 December 2005 having completed
1 year, 5 months, and 15 days of net active service this period.  His DD Form 214 for this period correctly shows his dates of entry and release from active duty as well as his net active service completed during this period.  However, this DD Form 214 credited him with only 1 year, 2 months, and 15 days of total prior active service (his USN service).  It did not credit him with the
4 months of ADT he completed during the period 31 March through 30 July 2002.

3.  He was issued a DD Form 215 which correctly calculated his total prior active service as 1 year, 6 months, and 15 days (USN and ADT service) but it placed this service in item 12c instead of 12d.  Therefore, the applicant is entitled to correction of his DD Form 214 for the period ending 12 December 2005 by 

voiding the incorrect DD Form 215, dated 15 February 2007, and issuing him a new DD Form 215 for the period ending on 12 December 2005 to show in item 12d completion of 1 year, 6 months, and 15 days of total prior active service.

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:

	a.  voiding the DD Form 215, dated 15 February 2007

	b.  removing the voided the DD Form 215, dated 15 February 2007, from his official military personnel file to avoid confusion; and

	c.  deleting from item 12d of his DD Form 214 for the period ending 12 December 2005 the entry "0001  02  15" and replacing it with the entry
"0001  06  15."



      _________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)                                         AR20100024156



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024156



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1