IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130002381
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 This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 February 2011.
2. The applicant states:
* this DD Form 214 shows he entered the service on 3 November 1987 and separated on 3 February 2011
* the date of entry is incorrect
* he was born on 18 December 1972
* if he had entered the service on the date listed on this DD Form 214, he would have been 14 years of age
3. The applicant provides:
* Certificate of Live Birth
* U.S. Army Retired Identification Card
* Maryland Driver's License
* initial enlistment contract for the Army National Guard (ARNG) and Regular Army (RA)
* discharge orders from the ARNG
* retirement orders
* DD Forms 214 for the periods ending 23 June 1995 and 3 February 2011
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 18 December 1972. Having prior service in the ARNG, he enlisted in the RA on 22 February 2007 for a period of 3 years and
9 weeks. On 3 February 2011, he was retired by reason of temporary disability in the rank/grade of sergeant (SGT)/E-5. He was placed on the Temporary Disability Retired List the following day.
2. His DD Form 214 for the period ending 3 February 2011 shows in:
* Item 12a the entry "1987 11 03" (3 November 1987)
* Item 12b (Separation Date This Period) the entry "2011 02 03"
(3 February 2011)
* Item 12c (Net Active Service This Period) the entry "0003 11 12"
(3 years, 11 months, and 12 days)
3. Army Regulation 635-5 (Personnel Separations - 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 that for item 12a, enter the 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 12a of his DD Form 214 for the period ending 3 February 2011 is incorrect appears to have merit.
2. His enlistment contract shows he enlisted in the RA on 22 February 2007. The time from 22 February 2007 through 3 February 2011 equates to 3 years,
11 months, and 12 days that is properly shown in item 12c of his DD Form 214 for the period ending 3 February 2011.
3. In view of the foregoing, his DD Form 214 for the period ending 3 February 2011 should be corrected as recommended below.
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 12a of his DD Form 214 for the period ending 3 February 2011 the current entry and replacing it with the entry "2007 02 22" (22 February 2007).
__________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.
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