IN THE CASE OF:	 

		BOARD DATE:	11 June 2015

		DOCKET NUMBER:  AR20140012587


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 3 DD Forms 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  Amend item 12a (Date Entered Active Duty (AD) This Period) of his        DD Form 214 for the period ending 18 July 2003, to show he entered active duty on 27 May 2002 versus 17 June 2002.

	b.  Amend item 12a of his DD Form 214 for the period ending 28 November 2005, to show he entered active duty on 19 April 2004 versus 5 September 2004.

	c.  Amend item 12a of his DD Form 214 for the period ending 13 November 2012, to show he entered active duty on 17 June 2008 versus 9 April 2010.

2.  The applicant states his active duty orders were never considered during his outprocessing at several active duty separation points.  He was always advised to handle any changes or corrections once he returned to home station.  He has attempted to have these issues corrected in person at various personnel facilities, to include the Sergeants Major Management Branch at U.S. Army Human Resources Command (HRC); however, he was repeatedly advised to seek these corrections upon his return to home station.

3.  The applicant provides:

* his DD Form 214 for the period ending 18 July 2003
* printouts of monthly leave and earnings statements (LES) from the Defense Joint Military Pay System–Reserve Component (DJMS-RC)  Master Military Pay Account (MMPA) at the Defense Finance and Accounting Service (DFAS), covering the months January through September 2002
* his DD Form 214 for the period ending 28 November 2005
* Orders 105-010, issued by the Minnesota Army National Guard (MNARNG) on 14 April 2004
* Orders 244-001, issued by the MNARNG on 31 August 2004, amended by Orders 325-048, issued by the MNARNG on 21 November 2005
* Orders 313-0105, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington on 9 November 2005
* printouts of monthly LESs from the DJMS-RC MMPA at DFAS, covering the months April through September 2004
* his DD Form 214 for the period ending 13 November 2012
* Orders 155-089, issued by the West Virginia Army National Guard (WVARNG) on 3 June 2008
* Orders 269-030, issued by the WVARNG on 25 September 2008
* Orders 272-085, issued by the WVARNG on 29 September 2009, amended by Orders 081-057, issued by the WVARNG on 22 March 2010
* printouts of monthly LESs from the DJMS-RC MMPA at DFAS, covering the months June 2008 through April 2010

CONSIDERATION OF EVIDENCE:

1.  After prior enlisted service in the U.S. Marine Corps, the applicant enlisted in the MNARNG on 17 October 1989.  He served through numerous periods of reenlistment and/or extension, in positions of increased responsibility, and was promoted to the rank/grade of master sergeant (MSG)/E-8 on 1 May 1999 and the rank/grade of sergeant major (SGM)/E-9 on 4 December 2004.

2.  His interactive Personnel Electronic Management System (iPERMS) Official Military Personnel File (OMPF) contains, and he provided, his DD Form 214 for the period ending 18 July 2003.  

* Item 12a contains the entry "2002  06  17"
* Item 12b (Separation Date This Period) contains the entry "2003  07  18"
* Item 12c (Net Active Service This Period) contains the entry "01  01  02"
* Item 18 (Remarks) of this DD Form 214 indicates he was ordered to active duty for special work (ADSW), under the authority of Title 32, U.S. Code (USC), section 502 (f) and various MNARNG orders

3.  He provided printouts of monthly LESs covering the months January through September 2002.  The MMPA Pay History shown on each of these LESs contains the codes "50, "60," or "99" on each day during the period 27 May 2002 through 30 September 2002, indicating he served on active duty during this entire period (emphasis added).  

4.  His OMPF does not contain any of the orders related to this period of active duty. 

5.  His OMPF contains his DD Form 214 for the period ending 12 April 2004, which shows he entered active duty on 19 July 2003 and was released from active duty on 12 April 2004.

6.  Order 105-010, issued by the MNARNG on 14 April 2004, ordered him to active duty during the period 19 April through 4 September 2004, under the authority of Title 32, USC, section 502 (f).

7.  His OMPF contains, and he provided, his DD Form 214 for the period ending 28 November 2005.  

* Item 12a contains the entry "2004  09  05"
* Item 12b (Separation Date This Period) contains the entry "2005  11  28"
* Item 12c (Net Active Service This Period) contains the entry "01  02  24"
* Item 18 (Remarks) of this DD Form 214 indicates he was ordered to active duty in support of Operation Iraqi Freedom, under the authority of Title 10, USC, section 12302

8.  He provided printouts of monthly LESs covering the months April through September 2004.  The MMPA Pay History shown on each of these LESs contains the codes "50," "60," or "99" on each day during the period 19 April through 30 September 2004, indicating he performed active duty service during this entire period (emphasis added).  

9.  His OMPF contains his DD Form 214 for the period ending 9 January 2007, which shows he entered active duty on 3 January 2006 and was released from active duty on 9 January 2007.

10.  His OMPF contains a National Guard Bureau (NGB) Form 22-5-R-E, dated      4 November 2006, which shows he voluntarily transferred to the WVARNG on this same date.

11.  His OMPF contains his DD Form 214 for the period ending 16 June 2008, which shows he entered active duty on 10 January 2007 and was released from active duty on 16 June 2008.
12.  Orders 155-089, issued by the WVARNG on 3 June 2008, ordered him to active during the period 17 June through 30 September 2008, under the authority of Title 32, USC, section 502 (f).

13.  Orders 269-030, issued by the WVARNG on 25 September 2008, ordered him to active during the period 1 October 2008 through 30 September 2009, under the authority of Title 10, USC, section 12301 (d).

14.  Orders 272-085, issued by the WVARNG on 29 September 2009, ordered him to active during the period 1 October 2009 through 30 September 2010, under the authority of Title 10, USC, section 12301 (d).  These orders were amended by Orders 081-057, issued by the WVARNG on 22 March 2010, which changed the period to 1 October 2009 through 8 April 2010.

15.  His OMPF contains, and he provided, his DD Form 214 for the period ending 13 November 2012.  

* Item 12a contains the entry "2010  04  09"
* Item 12b (Separation Date This Period) contains the entry "2012  11  13"
* Item 12c (Net Active Service This Period) contains the entry "02  07  06"
* Item 18 (Remarks) of this DD Form 214 indicates he was ordered to active duty in support of contingency operations for active duty operational support (CO-ADOS), in support of Operation Enduring Freedom, under the authority of Title 10, USC, section 12301

16.  He provided printouts of monthly LESs covering the months June 2008 through April 2010.  The MMPA Pay History shown on each of these LESs contains the codes "50," "60," or "99" on each day during the period 1 June 2008 through 30 April 2010, indicating he performed active duty service during this entire period (emphasis added).  

17.  He was honorably discharged from the ARNG and the Reserve of the Army on 12 February 2013.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) the next day and he has continued to serve on active duty since on or about 24 May 2013.

18.  The ARNG Unit Level Finance Procedures Manual, dated 1 May 2002 and in effect at the time, prescribed the procedures for processing pay and allowance entitlement claims for Inactive Duty Training, Annual Training, Active Duty Special Work, and Incapacitation Pay.  It was used by unit and organizational personnel in preparing and submitting duty performance and pay-related substantiating documents to the U.S. Property and Fiscal Office Military Pay Section, State Military Personnel Management Office and the State Incentive Manager.  Appendix A of this manual defines the data codes related to the MMPA History Report, an extract of which is found on each monthly LES.  

* the code "50" is used to show instances where active duty pay was paid for the entire day
* the code "60" is used to show the 31st day of a 31-day month when the member is on an active duty tour that crosses the end of the month
* the code "99" is used to show any non-existent day for pay purposes (e.g. 31 February)

19.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  A DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more days of continuous active duty with such periods consisting of active duty operational support, contingency operations-active duty operational support, active duty operational support-Reserve Component [Title 10, USC], Active Guard/Reserve or full-time National Guard duty for operational support [Title 32, USC].  The guidance provides that the beginning date of the continuous period of active duty for which the DD Form 214 is issued would be entered in item 12a and the date of separation would be entered in item 12b.  The net service for the period shown in item 12c would be computed by subtracting item 12a from item 12b and then deducting any time lost and non-creditable service after the Soldier's expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's OMPF contains his DD Form 214 that shows he entered active duty on 17 June 2002 and was released from active duty on 18 July 2003. Item 18 of this DD Form 214 shows he was ordered to active duty under Title 32, USC, section 502 (f). 

2.  He provided several LESs that show he served on active duty from 27 May through 16 June 2002.  This period of active duty is not shown on his DD Form 214 for the period ending 18 July 2003; therefore, item 12a should be corrected to show he entered active duty on 27 May 2002, and item 12c should also be corrected to show he completed 1 year, 1 month, and 22 days of active service.

3.  Although his LESs corroborate this additional period of active duty, his orders for this period are not available for review.  Therefore, item 18 cannot be amended to reflect the authority under which he was ordered to active duty during this amended period.

4.  His OMPF contains his DD Form 214 that shows he entered active duty on     5 September 2004 and was released from active duty on 28 November 2005.  Item 18 of this DD Form 214 shows he was ordered to active duty under Title 10, USC, section 12302.  

5.  He provided several LESs and orders that show he served on active duty from 19 April through 4 September 2004, under the authority of Title 32, USC, section 502 (f).  This period of active duty is not shown on his DD Form 214 for the period ending 28 November 2005; therefore:

* item 12a should be corrected to show he entered active duty on 19 April 2004 and item 12c should be corrected to show he completed 1 year,       7 months, and 10 days of active service
* item 18 should be corrected to show he was ordered to active duty from 19 April through 4 September 2004, in accordance with Title 32, USC, section 502 (f), and from 5 September 2004 through 28 November 2005, in accordance with Title 10, USC, section 12302

6.  His OMPF contains his DD Form 214 that shows he entered active duty on     9 April 2010 and was released from active duty on 13 November 2012.  Item     18 of this DD Form 214 shows he was ordered to active duty under Title 10, USC, section 12301 (d).  

7.  He provided several LESs and orders that show he served on active duty from 17 June 2008 through 8 April 2010, which is not reflected on his DD Form 214.  This evidence shows he served on active duty from 17 June through                 30 September 2008, under the authority of Title 32, USC, section 502 (f), and he served on active duty from 1 October 2008 through 8 April 2010, under the authority of Title 10, USC, section 12301 (d)

8.  This period of active duty is not shown on his DD Form 214 for the period ending 13 November 2012; therefore:

* item 12a should be corrected to show he entered active duty on 17 June 2008 and item 12c should be corrected to show he completed 4 years,      4 months, and 26 days of active service
* item 18 should be corrected to show he was ordered to active duty from  17 June through 30 September 2008, in accordance with Title 32, USC, section 502 (f), and from 1 October 2008 through 13 November 2012, in accordance with Title 10, USC, section 12301 (d) 



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:

	a.  Amending his DD Form 214, for the period ending 18 July 2003, by correcting item 12a to show he entered active duty on 27 May 2002, and by correcting item 12c to show he completed 1 year, 1 month, and 22 days of active service.

	b.  Amending his DD Form 214, for the period ending 28 November 2005, by correcting item 12a to show he entered active duty on 19 April 2004, and by correcting item 12c to show he completed 1 year, 7 months, and 10 days of active service.  Additionally, item 18 should be corrected to show he was ordered to active duty from 19 April through 4 September 2004, in accordance with Title 32, USC, section 502 (f), and from 5 September 2004 through 28 November 2005, in accordance with Title 10, USC, section 12302.

	c.  Amending his DD Form 214, for the period ending 13 November 2012, by correcting item 12a to show he entered active duty on 17 June 2008, and by correcting item 12c to show he completed 4 years, 4 months, and 26 days of active service.  Additionally, item 18 should be corrected to show he was ordered to active duty from 17 June through 30 September 2008, in accordance with Title 32, USC, section 502 (f), and from 1 October 2008 through 13 November 2012, in accordance with Title 10, USC, section 12302.


      _______ _   __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)                                         AR20100011932



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012587



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1