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ARMY | BCMR | CY2006 | 20060008412
Original file (20060008412.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060008412 


	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. Gerard W. Schwartz

Acting Director

Ms. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Chester A. Damian

Member

Ms. Ernestine L. Fields

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 the effective date of separation on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show 3 May 2006.

2.  The applicant states in effect, that she graduated from Advanced Individual Training (AIT) on 3 May 2006 which should be reflected on her DD Form 214 as her date of separation.  The applicant continues that due to her DD Form 214 showing she separated on 4 April 2006, she is unable to collect the full amount of her initial enlistment bonus of $5000.00.

3.  The applicant provides a memorandum from the Unit Administrator of 459th Engineer Company, Multirole Bridge Company (MRBC), Bridgeport, West Virginia, dated 7 June 2006; a copy of her DD Form 214; and two pages from the Army Training Requirements and Resources System (ATRRS) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 3 April 2006, the date of her release from active duty for training.  The application submitted in this case is dated 7 June 2006.

2.  The applicant's DD Form 4/1 (Enlistment/Reenlistment Document) shows she enlisted in the United Stated Army Reserve (USAR) in the rank of private/pay grade E-1, effective 30 September 2005, for a period of 8 years.

3.  The applicant's records shows she was ordered to active duty for training on 25 October 2005.  She completed basic training, advanced individual training and was awarded military occupational specialty (MOS) 44E1O (Machinist) in the rank of private/pay grade E-2.

4.  On 3 April 2006, the applicant was honorably released from active duty for training and transferred to the 459th Engineer Company, (MRBC), Bridgeport, West Virginia, to the Individual Mobilization Augmentation Program for completion of her remaining service obligation.  She completed 6 months and 9 days of net active military service during this period.  

5.  Item 14 (Military Education) of the applicant's DD Form 214 shows she completed 14 weeks of Machinist training.

6.  The ATRRS Student Portal Reservations sheets shows that the applicant was reserved for Machinist training beginning on 24 January 2006 to 19 April 2006. The form also shows follow-on Machinist training from 20 April 2006 to 3 May 2006.

7.  The Unit Administrator memorandum states the applicant attended basic training and AIT at the Aberdeen Proving Ground, Maryland during the period
25 October 2005 through 3 May 2006.  The memorandum further state that upon the applicant's graduation she was released from active duty and issued a DD Form 214, dated 3 April 2006.

8.  The memorandum states the applicant reported to the 459th Engineer Company, Multirole Bridge Company (MRBC), Bridgeport, West Virginia on 4 May 2006 for in processing.  The memorandum further state that a copy of her DD Form 214 was forwarded to the Reserve Component Pay Support Office at Fort McCoy, Wisconsin in order to initiate her $5000.00 enlistment bonus payment.

9.  The memorandum states the applicant informed the unit in May 2006 that she had received a very small portion of her bonus and $2000.00 had been withheld for debt of duty days not performed.  The memorandum further state that after further research by her unit it was determined that her DD Form 214 should be corrected to show her date of separation as 3 May 2006 instead of 3 April 2006.

10.  The memorandum states that the unit contacted the School at Aberdeen Proving Ground to correct the applicant's DD Form 214 which shows a separation date of 3 April 2006.  The memorandum further states that the school suggested seeking relief through the Army Board of Correction of Military Records.

11.  The memorandum concludes that the 459th Engineer Company, Multirole Bridge Company (MRBC) supports the applicant's record being corrected to show her date of release from active duty as 3 May 2006 in order to restore the remaining portion of her enlistment bonus pay.

12.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  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 in item 12b (Separation Date this Period) will show the Soldier's transition date.  However, this date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make up of lost time, or retained on active duty for the convenience of the Government.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her release from active duty as 3 May 2006.  

2.  Evidence shows that at the time of her completion of AIT on 3 May 2006, she was provided a DD Form 214.  This DD Form 214 shows that she was released from active duty on 3 April 2006 which is clearly a typographical error.

3.  Therefore, based on the available evidence of record it would be appropriate to amend item 12b (Separation Date this Period) on her DD Form 214 to show the entry as "2006 05 03", the date that she graduated from AIT and was released from active duty.

BOARD VOTE:

_KLW____  _ELF___  _CAD___  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 showing in item 12b (Separation Date this Period) on her DD Form 214 the entry as "2006 05 03."




__Kenneth L. Wright___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


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