IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110010172 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 2009, to show in:

* item 12a (Date Entered Active Duty this Period), the date he reentered the Active Guard Reserve (AGR) program under Title 32, U.S. Code (USC)
* item 12f (Foreign Service) he completed 4 months and 25 days of foreign service

2.  He states, in effect, that:

* his DD Form 214 for the period ending 30 November 2009 does not show his foreign service time
* he entered the Georgia Army National Guard (GAARNG) AGR program under Title 32, USC on 5 March 1980
* he was mobilized under Title 10, USC from 4 November 2001 through 23 July 2002
* he returned to the AGR program under Title 32, USC after he demobilized on 24 July 2002
* he remained in the AGR program until he retired on 30 July 2009, a period of 7 years, 4 months, and 7 days

3.  He provides two DD Forms 214 for the period ending 23 July 2002 and
30 November 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the GAARNG on 12 June 1971.

2.  His record contains an ARNG Current Annual Statement, dated 22 July 2004, that shows his membership status was:

	a.  ARNG Unit Member from 12 June 1971 through 4 March 1980;

	b.  ARNG Active Duty under Title 32, USC, State Controlled from 5 March 1980 through 3 November 2001 for a period 21 years, 7 months, and 30 days;

	c.  ARNG Mobilized Service from 4 November 2001 through 23 July 2002 for a period of 1 year, 8 months, and 20 days;

	d.  ARNG Active Duty under Title 32, USC, State Controlled from 24 July 2002 through 1 May 2005 for a period of 2 years, 9 months, and 8 days;

	e.  ARNG Mobilized Service from 2 May 2005 through 26 May 2005 for a period of 25 days; and

	f.  ARNG Active Duty under Title 32, USC, State Controlled from 27 May 2005 to 30 November 2009 for a period of 4 years, 6 months, and 4 days.

3.  His DD Form 214 for the period ending 23 July 2002, shows in:

	a.  item 12f the entry "0000  04  25" indicating 4 months and 25 days of foreign service during the period covered by the DD Form 214; and

	b.  item 18 (Remarks) contains the entries "Ordered to Active Duty in Support of Operation Noble Eagle and Operation Enduring Freedom per 10 USC 12302" and "Service in Kabul, Afghanistan from 21 January 2002 to 15 June 2002."

4.  His DD Form 214 for the period ending 30 November 2009 shows in:

	a.  item 12a the entry "1980  03  05";

	b.  item 12b the entry "2009  11  30";

	c.  item 12c (Net Active Service This Period) the entry "0029  08  26";

	d.  item 12d (Total Prior Active Service) the entry "00  08  24 days;

	e.  item 12f the entry "0000  00  00";

	f.  item 14 (Military Education) all courses he completed during his entire active and inactive service; and

	g.  item 18 no indication of any deployed service.

5.  On 5 December 2011, a staff member of the Board telephonically contacted the applicant and requested authorization to correct other items on his DD Form 214 for the period ending 30 November 2011 that he did not specifically request any subsequent related corrections.  He responded in the affirmative.

6.  Army Regulation 635-5 (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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Paragraph 2-4 states that for:

	a.  item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b;

	b.  item 12d, from previously issued DD Forms 214, enter total prior active military service less lost time, if any;

	c.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and

	d.  item 14, list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Item 12a of his DD Form 214 for the period ending 30 November 2009 shows the entry "1980  03  05"; however, he had a period of active service under
Title 10, USC, section 12302 during the period 4 November 2001 through 23 July 2002, for which he was issued a DD Form 214.  On 24 July 2002, he changed back to active service under Title 32, USC.  Therefore, item 12 of his DD Form 214 for the period ending 30 November 2009 should be corrected to show he entered active service this period on 24 July 2002.

2.  As a result of the above correction, the following additional corrections should be made to his DD Form 214 for the period ending 30 November 2009:

* item 12c should show his net active service this period as 7 years, 4 months, and 7 days
* item 12d should show his total prior active service as 22 years and 9 months

3.  Evidence of record shows that the applicant's foreign service was correctly annotated in item 12f of his DD Form 214 for the period ending 23 July 2002.  There is no evidence of record and he did not provide any evidence that shows any further deployments during the remainder of his period of active service.  Therefore, there is no basis for correcting his DD Form 214 for the period ending 30 November 2009 to show any foreign service.

4.  Army Regulation 635-5 provides that only courses completed during the period covered by the DD Form 214 will be entered in item 14 of the DD Form 214 being prepared.  Item 14 of his DD Form 214 for the period ending
30 November 2009 shows military courses that were all completed prior to the date he entered active duty this period.  Therefore, all military education courses listed in item 14 (and continued in item 18) should be removed from this
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  _____x__  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 correcting his DD Form 214 for the period ending 30 November 2009 by:

	a.  deleting from item 12a the entry "1980  03  05" and replacing it with the entry "2002  07  24";

	b.  deleting from item 12c the entry "0029  08  26" and replacing it with the entry "0007  04  07";

	c.  deleting from item 12d the entry "0000  08  26" and replacing it with the entry "0022  09  00"; and

	d.  deleting from item 14 and continued in item 18 the current military education entries and replacing item 14 with the entry "None."

2.  The Board further determined that 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 adding any foreign service to item 12f of his DD Form 214 for the period ending 30 November 2009.



____________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)                                         AR20110010172



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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