IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20120022968
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 1 July 2010 to show his total prior inactive service as 1 year and 18 days.
2. The applicant states the error was noted in the Army Discharge Review Board's (ADRB) decisional document of 3 October 2012.
3. The applicant provides his DD Form 214 for the period ending 1 July 2010 and the ADRB decisional document.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 2 February 2004. He entered active duty for training on 18 February 2004.
2. He was released from active duty (REFRAD) on 20 August 2004 and transferred to a USAR unit. He continued to serve in the USAR.
3. On 8 December 2004, he enlisted in the Regular Army (RA). On
21 December 2007, he was honorably REFRAD at the completion of required active service. He was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.
4. On 21 September 2008, he again enlisted in the RA. He served until 1 July 2010, at which time he was separated with a general discharge. The DD Form 214 he was issued at the time shows he completed 5 years, 4 months, and 28 days of total creditable active service. It further shows in item 12e (Total Prior Inactive Service) the entry "0001 00 02" (1 year and 2 days).
5. On 13 October 2011, the applicant petitioned the ADRB for an upgrade of his general discharge to an honorable discharge. On 3 October 2012, having reviewed his case, the ADRB determined that relief was warranted and voted to grant full relief in his case. However, in the decisional document it was noted that the applicant's prior inactive service was miscalculated and should have read 1 year and 18 days.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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 states for item 12e, from previously-issued DD Forms 214 and/or ERB, enter the total amount of prior inactive service, less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. The applicant had the following periods of inactive service:
2 February 2004 -17 February 2004
0 years, 0 months, 16 days
21 August 2004 - 7 December 2004
0 years, 3 months, 17 days
22 December 2007 - 20 September 2008
0 years, 8 months, 29 days
Total
1 year, 10 months, and 2 days
2. While the ADRB was correct that the applicant's total prior inactive service was incorrectly calculated and should be 1 year and 18 days, the actual periods of inactive service total 1 year, 1 month, and 2 days. Therefore, it would be appropriate at this time to correct the applicant's DD Form 214 for the period ending 1 July 2010 to reflect his total prior inactive service as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 12e of his DD Form 214 for the period ending 1 July 2010 the current entry and replacing it with the entry "0001 01 02," reflecting 1 year, 1 month, and 2 days of total prior inactive service.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 for the period ending 1 July 2010 to show 1 year and 18 days of total prior inactive 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) AR20120022968
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ABCMR Record of Proceedings (cont) AR20120022968
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