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ARMY | BCMR | CY2005 | 20050018023C070206
Original file (20050018023C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20050018023


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. David Tucker                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 31 October 2005 be
corrected to show:

      a.  The third digit of her social security number (SSN) as “7” in item
3 (Social Security Number);


      b.  Her Reserve obligation termination date as 29 September 2008 in
item 6 (Reserve Obligation Termination Date);


      c.  She served in primary military occupational specialty (PMOS) 42A
as a Human Resources Specialist for 11 years and 00 months in item 11
(Primary Specialty);


      d.  She served 3 years, 00 months, and 00 days total prior active
service in item 12d (Total Prior Active); and


      e.  She served 8 years, 03 months, and 00 days total prior inactive
service in  item 12e (Total Prior Inactive Service).

2.  The applicant states, in effect, that these items should be corrected
on her DD Form 214.

3.  The applicant provides a copy of her DD Form 214; her social security
card and identification card; and five orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant completed a DD Form 398-2 (National Agency Questionnaire)
on 11 May 1994 which shows the third digit of her SSN as “7.”  Her Report
of Medical Examination dated 25 May 1994 shows the third digit of her SSN
as “7.”

2.  The applicant enlisted in the U.S. Army Reserve on 24 June 1994 for a
period of eight years.  Her DD Form 4 (Enlistment/Reenlistment Document)
shows the third digit of her SSN as “7.”

3.  She was ordered to active duty training (ADT) on 18 August 1994 and was
released from ADT on 13 December 1994.  She was issued a DD Form 214 for
the period ending 13 December 1994 which shows she completed 3 months and
26 days of total active military service during this period and 1 month and
24 days total prior inactive service.
4.  Department of the Army, U.S. Army Combined Arms Support Command and
Fort Lee Orders Number 312-00401 dated 8 November 1994 awarded the
applicant PMOS 92Y10 effective 13 December 1994.  These orders show the
third digit of her SSN as “7.”

5.  Her DD Form 214 for the period ending 13 December 1994 shows the third
digit of her SSN as “7” in item 3; shows her Reserve obligation termination
date as 23 June 2002 in item 6; and shows her PMOS as 92Y10 (Unit Supply
Specialist) in item 11.

6.  She was ordered to active duty on 14 August 1997 in support of
Operation Joint Endeavor.  She was released from active duty on 10 May 1998
and was transferred back to her Reserve unit on the following date.  She
was issued a DD Form 214 for the period ending 10 May 1998 which shows she
completed 8 months and 27 days total active service during this period.
This discharge document also shows she completed 3 months and 26 days total
prior active service and 2 years, 9 months, and 27 days total prior
inactive service.

7.  Her DD Form 214 for the period ending 10 May 1998 shows the third digit
of her SSN as “7.”  Item 3 shows her Reserve obligation termination date as
23 June 2002 in item 6 and item 11 shows she served in PMOS 92Y10 for a
period of 9 months.

8.  Headquarters, 81st Regional Support Command, Birmingham, Alabama
Orders Number R240-09 dated 28 August 2002 awarded the applicant PMOS 75H20
(Personnel Services Specialist) and secondary MOS 92Y20 effective 28 August
2002.  Her PMOS 92Y20 was withdrawn.  These orders show the third digit of
her SSN as “7.”

9.  Headquarters, 81st Regional Support Command, Birmingham, Alabama Orders
Number 03-059-00098 dated 28 February 2003 promoted the applicant to staff
sergeant, awarded her PMOS 75H30, and awarded her SMOS 92Y30 effective 28
February 2003.  These orders show the third digit of her SSN as “7.”

10.  She was ordered to active duty on 13 January 2004 in support of
Operation Iraqi Freedom.

11.  Commander, U.S. Army Human Resources Command's Enlisted MOS Conversion
Chart shows MOS 75H converted to MOS 42A (Human Resources Specialist)
effective 1 October 2004.


12.  She was released from active duty on 31 October 2005 and was
transferred back to her Reserve unit on the following date.  She was issued
a DD Form 214 for the period ending 31 October 2005 which shows she
completed 2 years, 5 months, and 18 days total active military service
during this period.

13.  Item 3 on her DD Form 214 for the period ending 31 October 2005 shows
the third digit of her SSN as “1.”

14.  Item 6 on the DD Form 214 for the period ending 31 October 2005 shows
the entry “00000000.”

15.  Item 11 on her DD Form 214 for the period ending 31 October 2005 shows
the entry “42A0 HUMAN RESOURCES SPEC - 00 YRS 00 MOS//NOTHING FOLLOWS.”

16.  Item 12d and item 12e on her DD Form 214 for the period ending 31
October 2005 shows the entry "SEE BLOCK #18."

17.  Item 18 (Remarks) on her DD Form 214 for the period ending 31 October
2005 shows the entries "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING
INFORMATION//INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY
FOR PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS."

18.  The applicant is currently serving in the Reserve in the rank of
sergeant first class.

19.  The applicant provided a copy of her social security card which shows
the third digit of her SSN as “7.”

20.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  In
pertinent part, it states that the Reserve obligation termination date
refers to the completion date of the statutory service obligation incurred
by all personnel on initial enlistment or appointment into the Armed
Forces.  This regulation states that the military service obligation (MSO)
starts on the date of initial enlistment or appointment in the Regular
Army, Army National Guard, and the U.S. Army Reserve to include Delayed
Entry Program.  The regulation also states that Soldiers discharged,
dismissed, or dropped from the Army rolls, or with an expired MSO, enter
"00 00 00" and Soldiers within 90 days of their MSO termination date at
separation will be considered to have completed their MSO and "00 00 00"
will be entered.

21.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment,
Participation Requirements, and Enforcement Procedures), chapter 2,
paragraph 2-1 states that the statutory MSO is incurred on initial entry
into the Armed Forces whether by induction, enlistment, or appointment.  It
states that on and after 1 June 1984, all Soldiers incurred an 8-year
statutory MSO.  Prior to 1 June 1984, all personnel incurred a 6-year
statutory obligation on initial entry into the Armed Forces.

22.  Army Regulation 635-5 directs that the titles of all MOS or area of
concentration (AOC) served for at least one year and the number of years
and months served will be entered in item 11.  For time determination, 16
days or more count as a month.  Basic training and advanced individual
training (AIT) is not counted.

23.  Army Regulation 635-5 directs that total prior active service less
lost time will be entered in item 12d.  It also directs that the total
prior inactive service less lost time will be taken from previously issued
DD Forms 214 and the total amount will be entered in item 12e.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlistment contract and other documents in her service
records show the third digit of her SSN as “7.”  However, her DD Form 214
for the period ending 31 October 2005 incorrectly reflects the third digit
of her SSN as “1.”  Therefore, it would be appropriate to amend item 3 on
her DD Form 214 for the period ending 31 October 2005 to show the third
digit of her SSN as “7.”

2.  The applicant enlisted in the U.S. Army Reserve on 24 June 1994 for a
period of eight years.  She completed her Reserve service obligation on 23
June 2002.  Based on the governing regulation, she was released from active
duty on 31 October 2005 with no further military obligation.  Therefore,
item 6 on her DD Form 214 for the period ending 31 October 2005 properly
reflects the entry “00000000.”

3.  The applicant was awarded PMOS 92Y on 13 December 1994.  She was
awarded PMOS 75H20 on 28 August 2002 and this MOS was converted to 42A on
1 October 2004.

4.  Since the applicant’s DA Form 2-1 (Personnel Qualification Record) and
Enlisted Record Brief are not available, the Board is unable to determine
how long she served in MOS 42A.  Therefore, there is insufficient evidence
on which to correct item 11 on her DD Form 214 for the period ending 31
October 2005.

5.  It appears the applicant’s DD Form 214 for the period ending 31 October
2005 incorrectly reflects 2 years, 9 months, and 18 days in item 12c (Net
Active Service This Period).  Therefore, it would be appropriate to amend
item 12c to reflect 1 year, 9 months, and 18 days active duty service this
period.

6.  The applicant's DD Form 214 for the period ending 31 October 2005 does
not show any prior active or prior inactive service.  As any annual and/or
weekend training the applicant may have accomplished prior to the date she
entered active duty on 13 January 2004 cannot be determined by this Board,
her records should be reviewed to determine her prior active and prior
inactive service as of 31 October 2005 and her DD Form 214 for the period
ending 31 October 2005 should be corrected accordingly.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

WC______  JR______  DT______  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 the DD Form 214 for the period ending 31 October 2005 of
the individual concerned be corrected by:

      a.  amending item 3 to show the third digit of her SSN as “7”; and

      b.  amending item 12c to show she served 1 year, 9 months, and 18
days net active service this period.

2.  The U.S. Army Human Resources Command (HRC) – St. Louis should review
her total prior active service and total prior inactive service as of 31
October 2005.  Items 12d and 12e on his DD Form 214 for the period ending
31 October 2005 should then be amended to show she completed the
appropriate total prior active service and total prior inactive service as
determined by HRC-St. Louis.


3.  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
showing her Reserve obligation termination date as 29 September 2008 and
showing she served in PMOS 42A for 11 years.




                                  William Crain_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018023                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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