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ARMY | BCMR | CY2001 | 2001063472C070421
Original file (2001063472C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 December 2001
         DOCKET NUMBER: AR2001063472


         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.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Ronald E. Blakely Member
Mr. Thomas E. O’Shaughnessy, Jr. Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that her Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show her extended active duty.

3. The applicant states, in effect, that she is being denied Department of Veterans Affairs (VA) benefits due to this error.

4. The applicant’s military records show that she enlisted in the Army National Guard on 24 October 1988. She was ordered to active duty from 25 January through 23 June 1989 to perform her initial active duty for training and received a DD Form 214 for this period.

5. Orders 186-71, State of California, Office of the Adjutant General dated 12 September 1989 ordered the applicant to active duty for training (ADT) for the periods 21 August through 22 December 1989, 17 January through 1 June 1990, and 20 August through 20 December 1990 to attend the Licensed Practical Nursing Program, Civilian Education, with the Galileo – Adams Licensed Vocational Nurse (LVN) Program, San Francisco Community College, San Francisco, CA. Conversation with San Francisco Community College on 4 December 2001 confirmed that the applicant began the LVN program on 20 August 1989 and graduated on 21 December 1990. Conversation with the Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN) on 5 December 2001 confirmed that the applicant was on active duty from 21 August through 22 December 1989, 17 January through 1 July (sic) 1990, and 20 August through 20 December 1990.

6. The applicant was honorably discharged from the Army National Guard on 23 October 1994 and transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training). She was honorably discharged from the USAR on 23 October 1996.

7. Army Regulation 635-5 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. It states that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. Personnel include Army National Guard of the United States and USAR after completing 90 days or more of continuous ADT, full time training duty, or active duty support. It states that 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.


CONCLUSIONS:

1. The applicant’s DD Form 214 for the period ending 23 June 1989 is correct as is. It was meant to cover only the period she was on initial active duty for training.

2. The applicant should have received a DD Form 214 for the three periods of service she was on ADT attending the LVN program since each period of ADT was for a continuous period of 90 or more days (the dates confirmed by DFAS to be considered the correct periods of service).

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant be issued three separate DD Forms 214. Each DD Form 214 will cite “Relief from Active Duty Training” in item 23; “Honorable” in item 24;”State of California, Office of the AG Self-terminating Orders 186-71 dtd 890912 LVN Program” in item 25; “NA” in item 26; “NA” in item 27; “Completion of Period of ADT” in item 28; and “None” it item 29. The DD Forms 214 will be for the periods 21 August through 22 December 1989, 17 January through 1 July 1990, and 20 August through 20 December 1990.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__kak___ __reb___ __teo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Karol A. Kennedy
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001063472
SUFFIX
RECON
DATE BOARDED 20011211
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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