IN THE CASE OF:	  

		BOARD DATE:	  7 April 2009

		DOCKET NUMBER:  AR20090003559 


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, that Item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), issued on 11 November 2008, be corrected to show he completed 4 years, 9 months and 12 days of service.   

2.  The applicant states, in effect, that the entries contained in Item 12a (Date Entered Active Duty this Period) and Item 12b (Separation Date this Period) are correct.  However, the entry contained in Item 12c is in error.  

3.  The applicant provides his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he initially enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP), on 7 May 2004, and he served in that status until he was discharged on 26 July 2004. 

2.  On 27 July 2004, the applicant enlisted in the Regular Army (RA) for a period of 3 years and 25 weeks.  

3.  On 11 November 2008, the applicant was honorably released from active duty under the provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required active service.  The DD Form 214 he was issued at the time shows in Item 12a the entry "2004 07 27".  It also shows in Item 12b the entry "2008 11 11" and Item 12c contains the entry "0000 09 25."

4.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates that the information in Item 12c will be the amount of service this period, computed by subtracting item 12a from 12b.

DISCUSSION AND CONCLUSIONS:

The applicant's contention that the date entered in Item 12c of his DD Form 214, dated 11 November 2008, is incorrect and should show the entry "0004 09 25" was carefully considered and found to have partial merit.  By regulation the information in Item 12c will be the amount of service completed this period, computed by subtracting item 12a from 12b.  Therefore, based on the entries contained in Item 12a and 12b (20081111-20040727) Item 12c should show the entry "0004 03 15." 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214, dated 11 November 2008, by deleting the current entry in Item 12c and replacing it with the entry "0004 03 15."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to deleting the entry in Item 12c of his DD Form 214 and replacing it with the entry "0004 09 25."  




      _______ _ 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)                                         AR20090003559



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ABCMR Record of Proceedings (cont)                                         AR20090003559



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