IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120013094
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 item 12a (Date Entered Active Duty (AD) This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect 28 February 2003.
2. The applicant states that during his first deployment he was ordered to active duty on 28 February 2003.
3. The applicant provides:
* DD Forms 214 (issued on 4 October 2001, 16 January 2004, and 26 August 2005)
* AD orders
* release from active duty (REFRAD) orders
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows he initially enlisted in the U.S. Army Reserve (USAR) on 16 June 2000 for a period of 8 years. On 13 June 2001, he was ordered to active duty training and continued to serve until he was REFRAD on 4 October 2001.
2. The DD Form 214 issued to him on 4 October 2001, shows he completed 3 months and 22 days of creditable AD service and that he was transferred to his USAR unit. Item 12a contains the entry "2001 06 13."
3. His Army Military Human Resource Record (AMHRR) contains 96th Regional Support Command Orders M-058-0003, dated 27 February 2003. They show he was ordered to AD on 28 February 2003 for the purpose of mobilization in support of Operation Enduring Freedom (OEF).
4. His AMHRR includes Headquarters, 7th Infantry Division, Order 350-49, dated 16 December 2003. It directed the applicant's REFRAD on 16 January 2004.
5. The DD Form 214 issued to the applicant on 16 January 2004 shows he was REFRAD by reason of completion of required service. It also includes the following entries:
* item 12a "2001 06 13"
* item 12b (Separation Date This Period) "2004 01 16"
* item 12c (Net Active Service This Period) "02 07 04"
* item 12d (Total Prior Active Service) "00 03 22"
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from AD service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214 and states for:
* item 12a, enter the beginning date of the continuous period of AD for issuance of the DD Form 214, for which a DD Form 214 was not previously issued
* item 12c, enter the amount of service completed during the period covered by the DD Form 214, which is computed by subtracting item 12a from 12b
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show he entered military service during his first deployment on 28 February 2003.
2. The evidence of record confirms the applicant was issued his first
DD Form 214 upon completion of ADT and that it documented this service from 13 June 4 October 2001. Official orders contained in his AMHRR confirm he was ordered to AD a second time on 28 February 2003 and he served through 16 January 2004, thereby completing 10 months and 19 days of creditable AD service. However, item 12a of his second DD Form 214 also shows he entered AD on 13 June 2001. This is obviously an error. By regulation, the entry shown in item 12a of the DD Form 214 will be the beginning date of continuous period of AD for which a DD Form 214 was not previously issued. Therefore, his DD Form 214 issued on 16 January 2004 should be corrected accordingly:
* item 12a "2003 02 28"
* item 12c (Net Active Service This Period) "00 10 19"
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 amending his DD Form 214 issued on 16 January 2004 by deleting the current entries and replacing them accordingly:
* item 12a "2003 02 28"
* item 12c "0000 10 19"
_______ _ 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) AR20120013094
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ABCMR Record of Proceedings (cont) AR20120013094
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