IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20120002145
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, items 12b (Separation Date This Period) and 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 2010 be corrected.
2. The applicant states his:
a. Current DD Form 214 shows he completed 17 years, 6 months, and
5 days of prior enlisted service. Due to a policy change pertaining to administering direct commissions, he lost 5 days of service. His discharge date was 31 January 2010 and he was commissioned on 1 February 2010.
b. First DA Form 71 (Oath of Office) was dated 26 January 2010, which was 5 days prior to his report date for the Officer Basic Course (OBC). When he arrived at OBC he was told the policy had changed and all direct commissioned officers would only be able to take the Oath of Office on the effective start date of OBC. His OBC started on 1 February 2010 and his new DA Form 71 was dated 1 February 2010 which made his effective date of rank for second lieutenant
1 February 2010.
3. The applicant provides:
* DA Forms 71, dated 1 February 2010 and 27 January 2010
* DD Form 214 for the period ending 26 January 2010
* Officer Record Brief
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 22 July 1992. He remained on active duty through continuous reenlistments and attained the rank of sergeant first class.
2. Defense Finance and Accounting Service (DFAS) records confirm his last day of enlisted service in the rank of sergeant first class was 31 January 2010.
3. His DD Form 214 for the period ending 26 January 2010 shows:
* in item 12a (Date Entered Active Duty This Period) the entry "1992 07 22" (22 July 1992)
* in item 12b the entry "2010 01 26" (26 January 2010)
* in item 12c the entry "0017 06 05" (17 years, 6 months, and 5 days)
* he was discharged to accept a commission
4. Orders, dated 14 January 2010, show he was ordered to active duty on
1 February 2010 to attend OBC.
5. He provided a DA Form 71 which shows he was commissioned a second lieutenant in the RA on 27 January 2010.
6. He also provided a DA Form 71 which shows he was commissioned a second lieutenant in the RA on 1 February 2010. His Officer Record Brief shows his type of original appointment as U.S. Army Reserve.
7. A DA Form 1059 (Service School Academic Evaluation Report) shows he attended the Army Medical Department OBC from 2 February 2010 to 6 April 2010.
8. Military Personnel Message Number 09-257 states effective 28 October 2009 all officers on active duty or on the active duty list are required to be RA. Officers who are selected for RA, but are required to execute the Reserve of the Army oath of office, must execute the RA oath when they report to their first active duty installation on their report date.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his separation date and prior enlisted service shown on his DD Form 214 for the period ending 26 January 2010 are incorrect appear to have merit.
2. It appears his separation date of 26 January 2010 shown on his DD Form 214 and the DA Form 71 he executed on 27 January 2010 are incorrect since:
* DFAS records confirm his last day of enlisted service prior to commissioning in the RA was 31 January 2010
* orders show he was ordered to active duty on 1 February 2010 to attend OBC
* the governing message states officers who are selected for RA must execute the RA oath when they report to their first active duty installation on their report date
* he signed another Oath of Office on 1 February 2010
* he began OBC on 2 February 2010
3. The DFAS information which states his last day of enlisted service prior to his commission in the RA was 31 January 2010 is accepted as sufficient evidence on which to amend item 12b of his DD Form 214 for the period ending
26 January 2010. Therefore, item 12b should be corrected to show he was discharged on 31 January 2010. In addition, item 12c of this DD Form 214 should be corrected to show he completed 17 years, 6 months, and 10 days of 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. deleting the entry in item 12b of his DD Form 214 for the period ending
26 January 2010 and adding the entry "2010 01 31"; and
b. deleting the entry in item 12c of this DD Form 214 and adding the entry "0017 06 10."
___________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) AR20120002145
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ABCMR Record of Proceedings (cont) AR20120002145
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