IN THE CASE OF:
BOARD DATE: 15 December 2012
DOCKET NUMBER: AR20110011005
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) to show the date he entered active duty as "2004-03-10." As a secondary issue, the applicant requests a copy of his DD Form 256A (Honorable Discharge Certificate).
2. The applicant states his date of entry into active duty should read "2004-03-10."
3. The applicant provides his:
* DD Form 214
* Enlisted Record Brief
* Orders 129-0334, U.S. Army Installation Management Command, Fort Bragg, NC, dated 8 May 2008
* DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members)
* DD Form 93 (Record of Emergency Data)
* SGLV Form 8286 (Servicemembers' Group Life Insurance Election and Certificate)
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing Armed Forces of the United States)
* DA Form 3286-63 (Statement for Enlistment United States Army Training Enlistment Program)
* DA Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program)
* Standard Form (SF) 86 (Office of Personnel Management (OPM) Security Clearance Application)
* birth certificate, social security card, and high school diploma
* DD Form 2808 (Record of Medical Examination)
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 4 shows he enlisted in the U.S. Army Reserve, under the Delayed Entry Program, on 15 November 2002, and on 10 March 2004, he enlisted in the Regular Army. He completed training and was awarded military occupational specialty 11B (Infantryman).
2. On 3 July 2008, he was honorably released from active duty and transferred to the U.S. Army Reserve for the remainder of his service obligation. The highest rank/grade he achieved while serving on active duty was sergeant (SGT)/E-5. His DD Form 214 contains the following entries:
* Item 6 (Reserve Obligation Termination Date) shows "2010-11-14"
* Item 12a (Date Entered Active Duty This Period) shows "2007-03-10"
* Item 12b (Separation Date This Period) shows "2008-07-03"
* Item 12c (Net Active Service This Period) shows "0004-03-24"
3. He completed his military service obligation (MSO) on 14 November 2010; however, his Official Military Personnel File (OMPF) does not contain his discharge order.
4. 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army, and entered active duty, on 10 March 2004; therefore, the entry in item 12a of his DD Form 214 is incorrect and should be corrected.
2. The evidence of record confirms he entered military service, and began his 8-year MSO, on 15 November 2002. He was honorably released from active duty on 3 July 2008. The evidence of record does not contain any derogatory information that may have contributed to a less than honorable discharge at the conclusion of his MSO; therefore, in the absence of evidence to the contrary, it is assumed he should have been honorably discharged at the conclusion of his MSO.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 item 12a of his DD Form 214 to read "2004-03-10"
* publishing an honorable discharge order, effective 14 November 2010
* publishing an Honorable Discharge Certificate, to be mailed, with the corresponding honorable discharge order, to the applicant
___________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) AR20100011932
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110011005
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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