IN THE CASE OF:	  

		BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20120005137 


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 20 January 2004 as follows:

* Item 12d (Total Prior Active Service) to show her prior active service
* Item 12e (Total Prior Inactive Service) to show her prior inactive service
* Item 18 (Remarks) to show she completed her first full term of service

2.  The applicant states, in effect, her DD Form 214 does not show her prior active and inactive service.  Additionally, she had a 3-year commitment and she served for 3 years, 11 months, and 10 days.

3.  The applicant provides:

* DD Form 214 for the period ending 20 January 2004
* Orders 10-35-A-129, issued by Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, dated 10 January 2000
* DD Form 214 for the period ending 19 December 1996
* Automated Separation Document in Lieu of National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 16 December 1996

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard (ARNG) on 27 December 1995.  She entered active duty for training (ADT) and she completed the required training for military occupational specialty 77W (Water Treatment Specialist).  She was released from ADT on 19 December 1996 to the control of her State.

2.  Her DD Form 214 for this period of service shows she completed 4 months and 19 days of creditable active service.  This form also shows she completed
7 months and 4 days of inactive service.

3.  She was discharged from the ARNG and as a Reserve of the Army on 
16 December 1999.  She was issued an Automated Separation Document in Lieu of the NGB Form 22.  This document shows she completed 3 years, 11 months, and 20 days of net service this period (of which 4 months and 19 days was active service).

4.  She was appointed as a Reserve commissioned officer in the ARNG and she executed an oath of office on 17 December 1999.

5.  Orders 10-35-A-129, dated 10 January 1999, ordered the applicant to active duty for a period of 3 years.

6.  She entered active duty on 11 February 2000.  She completed the Military Intelligence Basic Officer Course at Fort Huachuca, AZ, from 16 February to 22 June 2000.  She was subsequently assigned to the 116th Military Intelligence Group, Fort Gordon, GA.

7.  On 20 January 2004, she was discharged from active duty with a general discharge.  She completed 3 years, 11 months, and 10 days of net active service this period.  The DD Form 214 she was issued at the time shows in:

* Item 12a (Date entered active duty this period) – "2000  02  11"
* Item 12b (Separation Date this Period) – "2004  01  20"
* Item 12c (Net Active Service this Period) – "0003  11  10”
* Item 12d – "SEE BLOCK #18"
* Item 12e – "SEE BLOCK #18"
* Item 18 – the following entries:

* SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND SOLDIER'S AFFIDAVIT
* DD FORM 215 (CORRECTION TO DD FORM 214) WILL BE ISSUED TO PROVIDE MISSING INFORMATION
* 
MEMBER HAS NOT COMPLETED FIRST TERM OF SERVICE

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

	a.  Item 12 shows the record of service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It states for:

* Item 12a, enter the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued
* Item 12b, enter the Soldier's transition date; this date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of time lost, or retained on active duty for the convenience of the Government
* Item 12c, enter the amount of service this period, computed by subtracting Item 12a from Item 12b, less time lost
* Item 12d, from previously-issued DD Forms 214, enter the total amount of prior active military service less time lost, if any; if not applicable, enter "00  00  00"
* Item 12e, from previously-issued DD Forms 214, enter total amount of prior inactive service, less time lost, if any

	b.  The entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is a mandatory entry.  This information assists the State in determining eligibility for unemployment compensation entitlement.   To determine if an officer has completed their commitment, refer to the initial active duty order as appropriate, for the number of months the officer is ordered to active duty.  Compare the service obligation to the net service in block 12c of the DD Form 214.  If an officer has met or exceeded the obligation, enter "has."  If item 12c of the DD Form 214 is less than the Soldier’s commitment, enter "has not."

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's prior active service, the evidence of record shows the applicant previously completed 4 months and 19 days of active service.  It appears when her DD Form 214 for the period ending 20 January 2004 was prepared, it inadvertently omitted this information.  Therefore, her
DD Form 214 for the period ending 20 January 2004 should be corrected to show she completed 4 months and 19 days of prior active service.

2.  With respect to the applicant's prior inactive service, the evidence of record shows she completed 3 years, 11 months, and 20 days of total prior service while in the ARNG from 27 December 1995 to 16 December 1999.  However, this period is offset with 4 months and 19 days of active service from
1 August 1996 to 19 December 1996, for a net period of inactive service of
3 years, 7 months, and 1 day.  Therefore, her DD Form 214 for the period ending 20 January 2004 should be corrected to show 3 years, 7 months, and 1 day of prior inactive service.

3.  With respect to completion of her first term of service, the evidence of record shows the applicant was ordered to active duty for a 3-year commitment.  She entered active duty on 11 February 2000 and she was discharged on 20 January 2004.  She completed 3 years, 11 months, and 10 days of net active service this period which exceeded her active duty commitment.  Therefore, her DD Form 214 for the period ending 20 January 2004 should be corrected to show she completed her first full term of 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:

* deleting from item 12d of her DD Form 214 for the period ending
20 January 2004 the entry "SEE BLOCK # 18" and replacing it with the entry "0000  04  19"
* 
deleting from item 12e of her DD Form 214 for the period ending 
20 January 2004 the entry "SEE BLOCK # 18" and replacing it with the entry "0003  07  01"
* deleting from item 18 of her DD Form 214 the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and replacing it with the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE"



      _______ _  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)                                         AR20120005137



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ABCMR Record of Proceedings (cont)                                         AR20120005137



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