IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120001871 


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 8 August 2011 as follows:

* Item 12a (Date Entered AD (Active Duty) This Period) to show "2009  07  01" vice "2000  04  11"
* Item 12d (Total Prior Active Service) to show "0013  06  00" vice "0012  05  18"

2.  The applicant states the date he entered active duty is correct on the DD Form 214 Worksheet he was provided.  He also states his total prior active service in item 12d does not include the period of service from 2006 to 2007.

3.  The applicant provides four DD Forms 214 and a DD Form 214 Worksheet.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Navy (USN) on 9 July 1977.  He was honorably released from active duty on 31 July 1981 and transferred to the USN Reserve.  He completed 4 years and 23 days of creditable active service during this period of service.

2.  The DD Form 214 he was issued for this period of service shows in item 12c (Net Active Service this Period) the entry "04  00  23" and in item 12d the entry "00  00  00."

3.  On 24 April 1983, he enlisted in the USN.  He was honorably discharged from active duty on 29 July 1989.  He completed 6 years of creditable active service with 3 months and 4 days of time lost during this period of service, for a total of 10 years and 23 days of active service.

4.  The DD Form 214 he was issued for this period of service shows the following entries in:

* Item 12c "06  00  00"
* Item 12d "04  00  23"

5.  On 23 May 1994, he enlisted in the Army National Guard (ARNG).  He was an active participant in unit training and he completed various periods of inactive and active service with his ARNG unit.

6.  He was ordered to active duty as a member of his ARNG unit in support of Operation Iraqi Freedom and entered active duty on 4 May 2006.  He was honorably released from active duty to the control of his ARNG unit on 27 August 2007.  He completed 1 year, 3 months, and 24 days of creditable active service during this period of service and he had 10 years and 23 days of prior active service, which equals a total of 11 years, 4 months, and 17 days of active service.

7.  The DD Form 214 he was issued for this period of service shows the following entries in:

* Item 12c "0001  03  24"
* Item 12d "0010  05  05"

8.  He was ordered to active duty as a member of his ARNG unit in support of Operation Enduring Freedom and he entered active duty on 1 July 2009.  He was honorably released from active duty to the control of his ARNG unit on 8 August 2011.  He completed 2 years, 1 month, and 8 days of creditable active service during this period of service and he had 11 years, 4 months, and 17 days of prior active service, which equals a total of 13 years, 5 months, and 25 days of active service.

9.  The DD Form 214 he was issued for this period of service shows the following entries in:

* Item 12a "2000  04  11"
* Item 12c "0002  01  08"
* Item 12d "0012  05  18"
10.  In an email from an official at the Defense Finance and Accounting Service (DFAS), dated 11 July 2012, confirmed that the applicant received active duty pay from 1 July 2009 through 8 August 2011.

11.  The applicant provides a DD Form 214 worksheet for the period ending 8 August 2011 wherein it contains the following entries in:

* Item 12a "2009  07  01"
* Item 12c "0002  01  08"
* Item 12d "0012  05  18"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that for the applicant's period of service that ended on 8 August 2011, he entered active duty on 1 July 2009 as shown on the DD Form 214 Worksheet.  It appears an administrative error occurred when his final DD Form 214 was completed and the date he entered active duty was entered incorrectly as "11 April 2000."  Therefore, he is entitled to correction of his DD Form 214 for the period ending 8 August 2011 to show he entered active duty on 1 July 2009.

2.  With respect to correction of his DD Form 214 to show he had 13 years and 6 months of prior active service, the evidence of record shows he had 11 years, 4 months, and 17 days of total prior active service.  Although his DD Form 214 incorrectly shows he completed 12 years, 5 months, and 18 days of total prior active service, it is the policy of this Board to not disadvantage an applicant by making the applicant worse off for having applied to this Board for a correction of a record.  Therefore, the Board elects not to change that portion of his 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 amending his DD Form 214 for the period ending 8 August 2011 by deleting the entry in Item 12a and adding the entry "2009  07  01."
 
2.  The Board further determined that the evidence presented was 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 correcting Item 12d of his DD Form 214.  



      _______ _   _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)                                         AR20120001871



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ABCMR Record of Proceedings (cont)                                         AR20120001871



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