How JustAnswer Works:

 
 
 
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
 
 
 
Ask psimmons Your Own Question
psimmons, Military Lawyer
Category: Military Law
Positive Feedback: 97.9 %
Satisfied Customers: 23541
Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
Type Your Military Law Question Here...
psimmons is online now
A new question is answered every 9 seconds

DD214 Section 17 - (Current Active Service Other than by Induction)

Resolved Question:

DD214 Section 17 - (Current Active Service Other than by Induction) a. (Source of Entry)The clerk x'ed the Enlisted (Prior Service) block. My question: What is correct reponse for Section 17? I enlisted in Reserves(delayed enlistment program - no active duty) on 05Mar69 and was discharged on 29Jun69(3 mo., 25 days). I was inducted the very next day into the Regular Army on 30Jun69. Should Section 17 be left blank since I had no prior "active" duty" and just one period of active duty? DD214 Section 22.b (Total Active Service) The clerk summed my Delayed Enlistment (3 mo., 25 days) with my Regular Army Active Duty time (2 yrs, 6 mo. ,21 days for a total of 2 yrs, 10 mo., 16 days. My Total Active service should only be 2 yrs, 6 mo. 21 days. What should be the correct entries for these two sections considering the above information? I'm trying to get Alabama State VA benefits but they say since I show two active duty periods, I should have two DD214's. Please help. I'm fast approaching the deadline to get these benefits. Would you like me to e mail you my DD214? I also have separate enlistment contracts for the Reserve (ER12945662) and Regular Army (RA12945662). Thank you, XXXXX XXXXX xxx '70 - '71

41325.8062691204

Submitted: 1 year ago.
Category: Military Law
Expert:  psimmons replied 1 year ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The DD214 is designed to document active duty service. Not reserve service.

But there is no requirement of separate DD214's if the service is with the same branch....were both of your active duty periods with the same branch and are the reflected properly on your current DD214?

Customer: replied 1 year ago.

I had one period of active duty - 30Jun69 to 20Jan72 in the Regular Army. I enlisted under the delayed entry program - basically join now (05Mar69) and be inducted into the Regular Army later (30Jun69). While I was waiting I was placed in the Reserves. So I got to stay at home for four more months and I got time in grade credit for Basic Pay purposes. I was an E-2 in Basic Training.

 

The State VA is evidently ignorant of the purpose of the DD214 for Active duty only. From what you've said, Section 17 should have been left blank by the clerk typing out my DD214. His next mistake was adding my reserve time and active duty time to show a total active service time in Section 22.b. Section 22a (2) " Other Service " acurrately reflects the reserve timecreditable for basic pay purposes.

 

I'm submitting a DD149 request and I've got to get it right the first time. I'm asking you - what should I say to the Board relevant to correction of my DD214?

Expert:  psimmons replied 1 year ago.

which version are you using...it will say on the bottom?

Customer: replied 1 year ago.

 

DD Form 149, Oct 2011

Expert:  psimmons replied 1 year ago.

No..sorry...the DD 214...they vary greatly over the years...which one is yours?

Customer: replied 1 year ago.

DD Form 214 1 JUL 70

Expert:  psimmons replied 1 year ago.

Sorry for the delay...took some time to find that vintage (they change the form every 10 years or so)

Under Current Active Service Other than by Induction if your only service was DEP (MEPS) and you never received pay for military service (e.g. like for national guard drills) then block 17 should be a (first enlistment)

Same is true for 22b...if you had no prior paid service...if you were simply in DEP awaiting basic, then there is no other service to characterizepsimmons41024.8941457176

Customer: replied 1 year ago.

 

The State of Alabama VA told me "This veteran's DD214 shows he had 3 mo. and 25 days of active service and since this is a qualifying period, it must be accompanied by a DD214". They don't understand that Section 22a is for "creditable basic pay purposes" only which would include my DEP time, ie 22a(2) "Other Service" of 3 mo. 25 days. It never says it is active service

 

" I think also they are looking at Section 17 which states "Current Active Service Other than by Induction." What exactly does that phrase mean? How can you join anything in the Army without being inducted?

 

They see Enlisted prior service and connect the two sections.While it is true that my first enlistment was in the reserves, it was not "active" service. And was I not inducted into the Reserves and Inducted into the Regular Army? Current Active Service is in no way related to Reserve service. So why would anything be checked at all in section 17?

 

 

 

 

Under 22b the "other service" is correct since it references "Basic Pay Purpose only" - the 3 mo. 25 days. I got time in service credit for fpromotion to E-2 even though it was not active only DEP. It should not however be included in Total Active Service 22 x

Expert:  psimmons replied 1 year ago.

I agree with you, DEP service is not active service.

It is possible for current active service other than induction, for example reenlistment of an active service member or recall of a prior service member

I agree with you it sounds like there are errors

Customer: replied 1 year ago.

So the corrective DD214 action on my DD149 request should be:

 

1) Leave Section 17 blank since I have only one period of active service?

I have two enlistment contracts for reserve and regular army, respectively. I have discharge papers from the reserves on 29Jun69. My regular army enlistment contract is dated 30Jun69.

2) Change DD214 Secton 22b "Total Active Service" from 2 yrs, 10 mo , 16 days to 2 yrs, 6 Mo. and 21 days.This would match the time shown in 22a(1) Net Service this Period".

 

Do you agree? If not please specify corrections.

Expert:  psimmons replied 1 year ago.

What you describe section 17 should be checked first enlistment (and the documents you describe support this)

For block 22 it should reflect 2 yes 6 mos 21 days...again, this is to reflect active service.

You would want to summarize your logic for the board of corrections (as you have done here) and included the documents you to support your request.

Customer: replied 1 year ago.

So for my reserve enlistment, I was enlisted and technically not inducted? Was it then possible for me to have discharge papers from the reserves? I'm trying to anticipate the mentality of the State VA.

 

Sorry for all the questions.

Expert:  psimmons replied 1 year ago.

No worries.

The DEP is a prelude to active duty. IT is technically reserve time...but since it is not paid and since you have not yet served on active duty it is not counted as active time at all. There is no discharge papers associated with a DEP enlistment...you go from DEP to active duty directly.

Customer: replied 1 year ago.

I understand, but I do have discharge papers:

Special Orders Number 125

By order of the Sec. of the Army you are DISCHARGED on date indicated.

Relieved from Army Reserve Control Group

Type Discharge Honorable

Reason Fpur of enl in RA

Auth AR 601-220

Date Disch 29 Jun 69

COMP USAR

 

My problem is the term Active in Section 17. If they see anything there they're going to want a DD214 for Active service. It's a catch 22 and these people can't exercise much in the way of logic.

Expert:  psimmons replied 1 year ago.

OK...but you have the answer...it shows

Reason Fpur of enl in RA

So you were in DEP (again, this is really a limbo status...you have not yet even gone to training...you can walk away from DEP without consequence today)...and were released from DEP to go active.

That, in and of itself should prove what you need to change both block 17 and block 22

Customer: replied 1 year ago.

I want to thank ou for your help and also thanks for your service to our nation.

 

Frank Holton

RVN '70 - '71

Expert:  psimmons replied 1 year ago.

You are welcome Frank. Best of luck with the fight

Please let me know if you have more questions, if not please accept so I get credit for my work.


psimmons, Military Lawyer
Category: Military Law
Positive Feedback: 97.9 %
Satisfied Customers: 23541
Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
psimmons and 3 other Military Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • psimmons's Avatar

    psimmons

    Military Lawyer

    Positive Feedback:

    97.9 %

    Satisfied Customers:

    10355
    Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg psimmons's Avatar

    psimmons

    Military Lawyer

    Positive Feedback:

    97.9 %

    Satisfied Customers:

    10355
    Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg jagcorps_esq's Avatar

    jagcorps_esq

    Lawyer

    Positive Feedback:

    96.4 %

    Satisfied Customers:

    3477
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Positive Feedback:

    97.9 %

    Satisfied Customers:

    832
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Positive Feedback:

    97.6 %

    Satisfied Customers:

    478
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Positive Feedback:

    93.8 %

    Satisfied Customers:

    201
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Positive Feedback:

    97.4 %

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Positive Feedback:

    100.0 %

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications