BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120019534
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 18 January 2009 to show he entered active duty on 20 November 2006 instead of 27 January 2003.
2. He states he was mobilized by orders, dated 20 November 2006, and released from active duty on 18 January 2009, but the DD Form 214 for the period ending 18 January 2009 issued at Fort McPherson, GA shows he entered active duty on 27 January 2003. He states this date is incorrect which causes an overlap of orders. This error wipes out a couple of years of his active duty service. The record is in error and he has the orders to prove it.
3. He provides:
* Four DD Forms 214, for the periods ending 2 June 1987, 23 July 2005, 18 January 2009, and 9 August 2010
* Orders assigning him to active duty and active duty for training (ADT)
* Orders releasing him from active duty
CONSIDERATION OF EVIDENCE:
1. At the time the applicant submitted his application, he was serving in the U.S. Army Reserve in the rank of lieutenant colonel/O-5. After completing prior enlisted service, the applicant was appointed as a Reserve commissioned officer on 13 February 1986 in the rank of second lieutenant.
2. He was ordered to ADT on 7 February 1987 and was released from ADT on 2 June 1987. He was issued a DD Form 214 for this period which shows he completed 3 months and 26 days of active service.
3. He was ordered to active duty on 27 January 2003 in support of Operation Enduring Freedom and was released from active duty (REFRAD) on 23 July 2005. He was issued a DD Form 214 for this period which shows he entered active duty on 17 January 2003 and was REFRAD on 23 July 2005 after completing 2 years, 5 months, and 27 days of active service. This discharge document also shows he completed 6 years and 26 days total prior active service.
4. He provided Orders A-11-628876, dated 20 November 2006, published by the U.S. Army Human Resources Command, Alexandria, VA (HRC-Alexandria), ordering him to active duty, effective 20 November 2006, for a period of 365 days. He also provided Orders 07-324-00008, dated 20 November 2007, published by the U.S. Army Reserve Command, Fort McPherson, GA, ordering him to active duty, effective 20 November 2007, for a period of 365 days.
5. He was REFRAD on 18 January 2009. Item 12 (Record of Service) of the DD Form 214 for the period ending 18 January 2009 shows he entered active duty on 27 January 2003 and was REFRAD on 18 January 2009 which equates to 5 years, 11 months, and 22 days of net active service. His DD Form 214 for the period ending 18 January 2009 shows he completed 2 years, 1 month, and 29 days of net active service during this period.
6. He was ordered to active duty on 28 January 2009 and was REFRAD on 9 August 2010 after completing 1 year, 6 months, and 12 days of active service and 10 years, 8 months, and 22 days total prior active service.
7. He was ordered to active duty again on 28 March 2011 and was REFRAD on 13 August 2012 after completing 1 year, 4 months, and 16 days of active service and 12 years, 3 months, and 4 days total prior active service.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It directs that the beginning date of the continuous period of active duty will be entered in item 12a (Date Entered Active Duty This Period) for issuance of a DD Form 214 for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. Orders published by HRC-Alexandria confirm the applicant was ordered to active duty on 20 November 2006. However, his DD Form 214 for the period ending 18 January 2009 reflects he entered this period of active duty on 27 January 2003.
2. The applicant was REFRAD on 18 January 2009 and he completed 2 years, 1 month, and 29 days of active duty this period. It appears the applicant's date of entry on active duty for this period is erroneously entered in item 12a of his DD Form 214 for the period ending 18 January 2009.
3. Therefore, it would be appropriate to amend item 12a of the applicant's DD Form 214 for the period ending 18 January 2009 to show he entered this period of active duty on 20 November 2006.
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 the entry "2003 01 27" from item 12a of his DD Form 214 for the period ending 18 January 2009 and adding the entry "2006 11 20."
_______ _ 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) AR20120019534
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ABCMR Record of Proceedings (cont) AR20120019534
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