RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2008 DOCKET NUMBER: AR20070013652 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. Ms. Catherine C. Mitrano Director Ms. Judy Blanchard Analyst The following members, a quorum, were present: Mr. James B. Gunlicks Chairperson Mr. Donald Steenfott Member Mr. Roland S. Venable 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, correction of Item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states, in effect, that his DD Form 214 erroneously lists his entry date as “2007 03 03” when in fact he entered active duty on “2004 03 03.” 3. The applicant provides a copy of his DD Form 214, a copy of his disability retirement order, a copy of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), and a copy of his Enlisted Record Brief (ERB) in support of his application. CONSIDERATION OF EVIDENCE: 1. The DD Form on file in the applicant’s Official Military Personnel File (OMPF) shows the applicant enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 7 January 2004. He was discharged from the USAR DEP and enlisted in the Regular Army on 3 March 2004. This document was signed by a responsible officer of the United States Army Recruiting Battalion, Syracuse, New York. His record further shows that he was awarded military occupational specialty (MOS) 11B (Infantryman). The highest grade he achieved was specialist (SPC), pay grade E-4. 2. The applicant’s record also contains a copy of his disability retirement orders (Headquarters, United States Infantry Center, Fort Benning, GA Orders 144-2203, dated 24 May 2007), which shows his pay entry basic date as 3 March 2004 and a copy of his ERB which also shows the same date. 3. On 1 July 2007, the applicant was honorably released from active duty and placed on the Temporary Disability Retired List after completing a total of 3 years, 3 months, and 29 days of active duty service. The DD Form 214 he was issued shows, in Item 12a the date “2007 03 03”; Item 12b (Separation Date This Period) the date “2007 07 01”; and Item 12c (Net Active Service This Period) 3 years, 3 months, and 29 days. 4. Army Regulation 635-5 (Separation Documents) 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains specific item-by-item preparing guidance on the preparation of the DD Form 214. The instructions for item 12a indicate the beginning date of the continuous period of active duty for the issuance of this DD Form 214, for which a DD Form 214 was not previously issued, should be entered. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that the date contained in Item 12a of his DD Form 214 incorrectly reads 2007 03 03 and should in fact read 2004 03 03 was carefully considered and found to have merit. 2. The evidence of record confirms the applicant enlisted in the Regular Army on 3 March 2004. The applicant’s record contains a DD Form 4 which confirms he enlisted in the Regular Army on 3 March 2004. This entry date is further corroborated by the information contained on his retirement orders and ERB. As a result, the date entered in Item 12a is not accurately reflected. 3. In view of the facts of this case, it would be appropriate to amend Item 12a of the applicant’s DD Form 214 by deleting the current entry “2007 03 03” and replacing it with the entry “2004 03 03.” BOARD VOTE: __RSV___ ___JBG_ ___DWS 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 amending his DD Form 214 by deleting the date contained in Item 12a replacing it with the entry “2004 03 03” and by providing him a correction to his separation document that includes this change. _____James B. Gunlicks___ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.