IN THE CASE OF:	  

		BOARD DATE:  27 February 2014

		DOCKET NUMBER:  AR20130007698 


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) to show in:

	a.  Item 6 (Reserve Obligation Termination Date) his military service obligation (MSO) as 18 September 2015 based on his initial date on entry to active duty;

	b.  Item 9 (Command to Which Transferred) he was transferred to the U.S. Army Reserve (USAR) Control Group; and

	c.  Item 12d (Total Prior Active Service), the entry "0000 00 00" indicating he did not complete any prior active service.  The Remarks section includes the entry "ACTIVE DUTY NAVY."

2.  He states he needs to verify with the U.S. Army Human Resources Command that these items are corrected.  

3.  He provides an email, his DD Form 214, and reassignment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 September 2007.  



2.  His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows in:

   a.  Box 18b (Active Duty Service Date) his active duty service date as 19 September 2003;
   
   b.  Box 18c (Pay Entry Date) his pay entry date as 4 September 2003; and
   
   c.  Box 24a he marked "Yes" indicating he had been in any regular or reserve branch of the Armed Forces or in the Army National Guard or Air National Guard.  Section VI (Remarks) includes the entry "ACTIVE DUTY NAVY." 
   
3.  He was honorably discharged on 18 September 2011 after completing 4 years of active military service.  His DD Form 214 issued for this period shows in:

	a.  Item 6 the entry "00000000" indicating he had no remaining service obligation;

	b.  Item 9 the entry "N/A," indicating he had no further military status; 

	c.  Item 12d the entry "0004 00 00," total prior active service; 

   d.  Item 18 (Remarks) the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE"; and
   
   e.  Item 23 (Type of Separation) the entry "DISCHARGE."

4.  He provided Orders C-06-208992, dated 18 June 2012, published by the U.S. Army Human Resources Command, Fort Knox, KY, which show he was released from the USAR Control Group (Reinforcement) and was assigned to Headquarters, 305th Psychological Operations Company, Fort Story, VA, effective 14 June 2012.  

5.  His Chronological Statement of Retirement Points indicates he initially enlisted in the Regular Army on 3 September 2003 and was a member of the USAR during the retirement years ending 3 September 2012 and 3 September 2013.  

6.  Information obtained from the U.S. Army Human Resources Command, Integrated Web Services (IWS)/Soldier Management System (SMS) revealed the applicant was transferred into the Individual Ready Reserve (IRR) instead of being discharged on 18 September 2011.

7.  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.  For item 12d, from previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any.  If not applicable, enter "00 00 00."

8.  Army Regulation 635-5, Table-2-1, Item 9 (Entry Determinations) indicates that if a Soldier is discharged, he/she has no further military status and the entry "NA" should be entered in item 9 of the DD Form 214.  

9.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), chapter 2, paragraph 2-1 states that the statutory MSO is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment.  It states that on and after 1 June 1984, all Soldiers incurred an 8-year statutory MSO.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he did not complete any prior active service.  However, his DD Form 1966 shows he checked that he had prior service, that he initially entered the service on 4 September 2003 and on active duty on 19 September 2003, and that he had prior service in the “ACTIVE DUTY NAVY.”  His Chronological Statement of Retirement Points shows he had 4 years of prior active military service (albeit shown as “RA”).  

2.  His service record does not contain a DD Form 214 for this period of active duty, but the applicant does not explain or provide evidence to show why these entries in his records are incorrect.  He enlisted in the Regular Army on             19 September 2007 and was discharged on 18 September 2011.  He was issued a DD Form 214 which, in the absence of evidence to the contrary, appears to  properly reflect he completed 4 years of active military service during the period covered by the report and 4 years prior active duty.  

3.  Because he does not explain the “error,” there is no basis for amending item 12d of his DD Form 214 at this time.

4.  The applicant’s available DD Form 214 shows he was discharged on            18 September 2011.  Since the available evidence shows he completed his MSO, it appears he was properly discharged.  

5.  However, evidence obtained from the U.S. Army Human Resources Command IWS/SMS revealed he was transferred into the IRR vice being discharged on 18 September 2011.  Notwithstanding that entry, in the absence of evidence to show he did not have 4 years of prior active duty in the Navy it appears that entry was made in error.  Therefore, there is an insufficient basis on which to amend item 9 of his DD Form 214 to show he was transferred to the IRR at this time.

6.  Since the available evidence indicates he completed a total of 8 years active military service, he did not have a remaining service obligation.  In the absence of evidence to the contrary, it appears item 6 of his DD Form 214 correctly reflects the entry "00000000" indicating he had no remaining service obligation.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20130007698





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ABCMR Record of Proceedings (cont)                                         AR20130007698



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