IN THE CASE OF:
BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120017083
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) in:
a. item 12a (Date Entered Active Duty This Period); and
b. item 18 (Remarks) the Delayed Entry Program (DEP) dates.
2. The applicant states the date of entry on his DD Form 214 is in error. He was in the DEP from 9 to 15 November 2006 and he entered active duty on
16 November 2006.
3. The applicant provides a DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) and DA Form 3072-2 (Applicants Monthly Financial Statement) in support of his request.
CONSIDERATION OF EVIDENCE:
1. The record contains a DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), dated 9 November 2006. This document confirms the applicant enlisted in the DEP of the U.S. Army Reserve (USAR) on
9 November 2006. It also confirms he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 16 November 2006, which is the date he entered active duty.
2. The record contains a second DD Form 4, dated 11 December 2008, which shows the applicant reenlisted in the RA for 6 years on this date.
3. The applicants Enlisted Record Brief (ERB) indicates his Pay Entry Basic Date (PBED) is 8 December 2006 in Section III (Service Data). It also shows in Section IX (Assignment Information) that he entered basic training at Fort Leonard Wood, Missouri on 17 November 2006. There is also no evident break in service noted in his assignment history.
4. On 26 August 2012, the applicant was retired, by reason of disability, permanent. The DD Form 214 he was issued shows he entered active duty this period on 8 December 2006 in item 12a. Item 12c (Net Active Service This Period) shows he completed 5 years, 9 months, and 11 days of active service during the period. Item 18 contains an entry showing he was in the DEP from
9 to 15 November 2006. Item 18 also contains the entry Immediate Reenlistments This Period 20081211-20120826.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains the following item-by-item instructions for preparation of the DD Form 214:
a. Item 12a - enter beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued;
b. Item 12c - enter the total active duty service completed during the period covered by the DD Form 214 as computed by subtracting item 12a from 12b Separation Date); and
c. Item 18 - for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates); and for a Soldier who has DEP time, enter PERIOD OF DEP (inclusive periods of DEP time)."
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct item 12a and item 18 of his DD Form 214 has been carefully considered and found to have merit. The evidence of record contains a DD Form 4 that confirms the applicant initially enlisted in the DEP on
9 November 2006. It also confirms he was discharged from the DEP on
15 November 2006 and he enlisted in the RA on 16 November 2006.
2. The record contains a second DD Form 4 that confirms the applicant reenlisted in the RA on 11 December 2008. As a result, it would be appropriate to correct item 12a to show an active duty entry date of 16 November 2006, and to correct the immediate reenlistment entry in item 18 to show the period as 20061116-20081210.
3. As a matter of information, the total active duty service entered in item 12c does in fact account for active duty service between 16 November 2006 and
26 August 2012, and the DEP dates in item 18 are correct.
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 as follows in:
a. Item 12a deleting the current entry and replacing it with the entry 20061116; and
b. Item 18 deleting the dates in the Immediate Reenlistment entry and replacing them with the entry 20061116-20081210.
_______ _ __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) AR20120017083
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ABCMR Record of Proceedings (cont) AR20120017083
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