IN THE CASE OF:	  

		BOARD DATE:	      20 AUGUST 2009

		DOCKET NUMBER:  AR20090005530 


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 his date entered active duty this period as 2 October 2003. 

2.  The applicant states the date of entry on active duty on his current DD Form 214 is incorrect.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant's available military records show he enlisted in the Regular Army (the applicant's records do not include his enlistment contract).  He was awarded the military occupational specialty of wheeled vehicle mechanic and was promoted to pay grade E-4.

2.  On 22 January 2007, the applicant was honorably released from active duty by reason of completion of required active service.  The DD Form 214 he was issued on this date shows that he completed 3 years, 3 months, and 21 days of active service. 

3.  Item 12a (Date Entered Active Duty this Period) of the applicant's DD Form 214 contains the entry "20030122."

4.  Item 18 (Remarks) of the applicant's DD Form 214 contains the entry "Period of Delayed Entry Program:  20030523 - 20031001."

5.  A review of the applicant's records maintained in the integrated Personnel Electronic Records Management System (iPERMS) show his pay entry basic date and his basic active service date as 2 October 2003.

6.  Army Regulation 635-5 (Personnel Separations - 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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part it states that for item 12a enter the beginning date   of the continuous period of AD for issuance of this DD Form 214, for which a   DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

The applicant's pay entry basic date and basic active service date shown in iPERMS is 2 October 2003.  Soldiers typically enter active duty the next day following the ending date of their period of time in the Delayed Entry Program, which in this case would be 2 October 2003.  Subtraction of the net active service shown in item 12c from the separation date this period shown in item 12b of his DD Form 214 indicates his date of entry on active duty was 2 October 2003.  As such, the preponderance of evidence shows the applicant's date of entry on active duty in item 12a of his DD Form 214 should show 2 October 2003 instead of the date currently shown.  Therefore, in the interest of justice it would be appropriate to correct his DD Form 214 to show his date entered active duty this period as 2 October 2003.

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 amending item 12a on his DD Form 214 to show "20031002."




      _______ _   ___XXX____   ___
       	   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)                                         AR20090005530



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ABCMR Record of Proceedings (cont)                                         AR20090005530



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