IN THE CASE OF:
BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100029949
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 her DD Form 214 (Certificate of Release or discharge from Active Duty) for the period ending 3 January 2011 to reflect the correct date she entered active duty and her prior active service.
2. The applicant states that her DD Form 214 incorrectly reflects that she entered active duty on 15 December 2005 when in fact she enlisted on 5 June 2001 and never had a break in service. She goes on to state that her prior active service from 2001 to 2005 is not reflected on her DD Form 214.
3. The applicant provides her:
* DD Forms 214 for the period ending 15 September 2005 and 3 January 2011
* DA Form 71 (Oath of Office - Military Personnel), dated 16 September 2005
* orders to active duty
* enlistment contract
* officer record brief
* name changes
* award of the Army Commendation Medal (ARCOM)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 June 2001 and she served as an operating room specialist until she was honorably discharged on 15 September 2004 to accept a commission as a U.S. Army Reserve (USAR) second lieutenant. She had served 4 years, 3 months, and 11 days of total active service. She was issued a DD Form 214 for this period of service.
2. On 16 September 2005 she was appointed as an Army Nurse Corps second lieutenant (2LT) in the USAR with a concurrent call to active duty and she continued to serve until she was honorably discharged in the rank of captain (CPT) on 3 January 2011 due to miscellaneous/general reasons. Block 12c (Net Active Service This Period) of the DD Form 214 she was issued at the time shows she served 4 years and 19 days of net active service this period. Block 12a (Date Entered Active Duty This Period) shows she entered active duty on
15 December 2005. Block 12d (Total Prior Active Service) and Block 12e (Total Prior Inactive Service) show that a DD Form 215 would be issued to reflect her prior active and inactive service.
3. 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 a DD Form 214 will be issued to enlisted Soldiers discharged to continue on active duty in a commissioned status. It further states for:
* block 12c, enter amount of service this period, computed by subtracting item 12a from 12b (Separation Date This Period)
* block 12d and block 12e, from previously issued DD Forms 214, enter total amount of prior active/inactive military service less lost time, if any
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 incorrectly reflects the date she entered active duty and that it does not reflect her prior active service has been noted and found to have merit.
2. The applicant was honorably discharged after serving 4 years, 3 months, and 11 days of enlisted active duty service to accept a commission as a 2LT and concurrent call to active duty. Accordingly, her prior active service should be entered in block 12d of her DD Form 214 for the period ending 3 January 2011.
3. The applicant also entered active duty as a commissioned officer on
16 September 2005 instead of 15 December 2005 as currently shown on her DD Form 214 for the period ending 3 January 2011. Accordingly, this DD Form 214 should be corrected to show in block 12a the date 2005 09 16."
4. Additionally, she served 5 years, 3 months, and 18 days of active service as a commissioned officer instead of 4 years and 19 days as currently reflected on her DD Form 214 for the period ending 3 January 2011. Therefore, block 12c of this DD Form 214 should be corrected to reflect she served 5 years, 3 months, and 18 days of net active service this period.
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. deleting from block 12a of her DD Form 214 for the period ending
3 January 2011 the entry 2005 12 15 and replacing it with the entry
"2005 09 16";
b. deleting from block 12c of her DD Form 214 for the period ending
3 January 2011 the entry "04 00 19" and replacing it with the entry
0005 03 18; and
c. deleting from block 12d of her DD Form 214 for the period ending
3 January 2011 the entry "See Block 18" and replacing it with the entry
"0004 03 11."
d. deleting from block 12e of her DD Form 214 for the period ending
3 January 2011 the entry "See Block 18" and replacing it with the entry
"0000 00 00."
___________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) AR20100029949
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100029949
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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