RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       16 February 2006
      DOCKET NUMBER:  AR20050007000


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Janet Strafer                 |     |Member               |
|     |Ms. Naomi Henderson               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record of service shown on
his DD Form 214, Certificate of Release or Discharge from Active Duty, be
corrected.

2.  The applicant states, in effect, that his DD Form 214 is short 4 days.
His original contract for active duty was for 2 years.  His correct basic
pay entry date (BPED) was 16 January 2001.  He did not know his DD Form 214
said he had only served 1 year, 11 months, and 26 days, until he saw an
incorrect BPED in the system at his National Guard unit.  He believes the
DD Form 214 is incorrect because he signed a contract for 2 years.  It is
unjust as well because due to this error, he will not be able to claim his
Hazelwood Act benefits.  There was nothing he could do at the time his DD
Form 214 was given to him because it was mailed to him due to the fact he
took terminal leave when leaving active duty; therefore, he was unable to
sign his DD Form 214.

3.  The applicant submitted a copy of his DD Form 214; a copy of his DD
Forms 4/1 and 4/3, Enlistment / Reenlistment Document; and those other
documents indicated in Item 9 (In Support of This Application, I Submit as
Evidence the Following Attached Documents), of his DD Form 149, Application
of Correction of Military Record, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The DD Forms 4/1 and 4/3 the applicant submitted in support of his
request show the applicant enlisted in the US Army Reserve Delayed Entry /
Enlistment Program for 8 years on 13 December 2000.  On 16 January 2001,
the applicant enlisted in the Regular Army for 2 years.

2.  The Military Entrance Processing  Station,  El  Paso,  Texas,  published
Orders
009-001 dated 16 January 2001, ordering the applicant to report to the
120th Adjutant General Battalion (Reception), Fort Jackson, South Carolina,
on 16 January 2001.

3.  The applicant successfully completed basic combat and advanced
individual training.  He was awarded the primary military occupational
specialty (MOS) 63S, (Heavy Wheeled Vehicle Mechanic) on 6 June 2001.
4.  The applicant was honorably released from active duty, on 15 January
2003, under the provisions of Army Regulation (AR) 635-200, at the
completion of required active service.  He was separated in the rank and
pay grade of Specialist, E4.

5.  Item 12a. (Date Entered Active Duty This Period), of the applicant's DD
Form 214, shows the applicant entered active duty on 20 January 2001.

6.  Item 12c. (Net Active Service This Period), of the applicant's DD Form
214, shows he had completed 1 year, 11 months, and 26 days active service.

7.  Item 18 (Remarks), of the applicant's DD Form 214, shows in pertinent
part, the applicant served in the US Army Reserve Delayed Entry /
Enlistment Program for the period 13 December 2000 through 15 January 2001.

8.  Army Regulation 635-5 prescribes the separation documents that must be
prepared for soldiers on retirement, discharge, release from active duty
service, or control of the Active Army.  It establishes standardized policy
for preparing and distributing the DD Form 214 (Certificate of Release or
Discharge from Active Duty).  This regulation provides that the "amount of
service this period" to be entered in Item 12c, of the DD Form 214, is
computed by subtracting Item 12a from Item 12b.  Lost time under Title 10,
USC 972, and non-creditable time after a Soldier's expiration term of
service (ETS), if any, is deducted and such time will be identified in Item
18, of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence show the applicant enlisted and served in the US Army
Reserve Delayed Entry / Enlistment Program for the period 13 December 2000
through 15 January 2001.

2.  The evidence shows the applicant enlisted in the Regular Army for 2
years, and entered active duty on 16 January 2001, as opposed to the date
now shown in Item 12a, of his DD Form 214, 20 January 2001.

3.  Item 12c was completed in error based on the incorrect date of the
applicant's entry on active duty (20 January 2001) that was entered in Item
12a.  The correct amount of the applicant's active duty service is 2 years,
00 months, and 00 days.
BOARD VOTE:

_JS____  __WDP__  _NH_____  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.  correcting Item 12a. (Date Entered Active Duty This Period), of
the applicant's DD Form 214, to show he entered active duty on 16 January
2001; and

      b.  correcting Item 12c. (Net Active Service This Period), of the
applicant's DD Form 214, to shows he completed 2 years active duty service.




                                  ___William D. Powers______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050007000                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060216                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.   1021               |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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