ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20170015797


APPLICANT REQUESTS: correction of the following item# 12a (Date Entered Active Duty This Period) on DD Form 214 (Certificate of Release of Discharge from Active Duty) from 2 June 2016 to 31 May 2017.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 5016 (Chronological Statement of Retirement Points)
* LES (Leave and Earning Statements)

FACTS:

1.  The applicant states the item 12a be corrected to 1 June 2015 on his DD Form 214.  His first set of active duty orders are dated 1 June 2015, orders# UW-101-0005.  His DD Form 214 release date of 31 May 2017 is from second set of active duty orders dated 2 June 2016, orders# UW-155-0014.

2.  A review of the applicant’s service records shows the following:

	a.  He enlisted into the Regular Army on 30 October 2002.  His DD Form 214 shows he was separated due to completion of required active service with an honorable (character of service) on 6 December 2013.  He completed 6 years, 4 months and 7 days of active service.  

	b.  He was activated by Orders# UW-101-005 in support of C2 Conus Response Force stationed at Fort Eustis, VA for a period of 365 days from 1 June 2015 to 31 May 2016.

	c.  He received a second set of orders (UW-155-0014) in support of C2 Conus Response Force stationed at Fort Eustis, VA for a period of 364 days from 2 June 2016 to 31 May 2017.

	d.  On 31 May 2017, the applicant was honorably released from active duty.  His DD Form 214 shows he was separated due to completion of required active service with an honorable character of service.  He completed 11 months and 29 days of active service.  It shows in item 12a the date of entry as 2 June 2016.  It also show she completed 15 years, 6 months, and 7 days of prior active service. 

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions, as they existed at the time of separation.  

* His fist mobilization was for 365 days from 1 June 2015 to 31 May 2016
* His second mobilization was for 364 days from 2 June 2016 to 31 May 2017
* The two periods were not continuous

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined relief is not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found that the applicant had a break in service, so the contended DD Form 214 is correct.  For that reason, the Board found insufficient evidence of an error or injustice which would warrant making a change to the applicant’s record.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 

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.



























REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided for the preparation of the DD Form 214.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.

	a.  Source documents:  When separation is ordered, the separation approval documents must be present for transition processing to occur.  Source documents, as listed in subparagraph b below, must be present in a Soldier’s record in order to complete the DD Form 214. If approval documentation is not present in a Soldier’s record, action will be coordinated with the necessary activity (personnel service division, Assistant Chief of Staff for Personnel, adjutant general, or chain of
command) for proper source documents.  Use the following documents when preparing a DD Form 214:

		(1)  Servicemember’s record brief (computer generated)
		(2)  Separation approval documents, if applicable.
		(3)  Separation order.
		(4)  Any other document authorized for filing in the AMHRR.

	b.  For items 12a (Date Entered Active Duty This Period) Data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  Do not depend on basic active service date for this data item.  The basic active service date can be an adjusted date.

ABCMR Record of Proceedings (cont)	 AR20170015797


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