RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060011200
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. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. John Infante
Chairperson
Ms. Susan Powers
Member
Mr. Qawiy Sabree
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 items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 January 2006 be corrected to show sergeant first class/pay grade E-7; that item 12a (Date Entered AD [Active Duty] This Period) be corrected to show 6 July 2004; that item 12b (Separation Date This Period) be corrected to show 2 February 2006; that item 12c (Net Active Service This Period) be corrected; and that item 12h (Effective Date of Pay Grade) be corrected to show 29 September 2005; that item 14 (Military Education) be corrected to show she completed the Unit Movement Officer Course and the Air Handlers Course.
2. The applicant states that she did not have her promotion orders with her at the time of out processing to update her rank. She contends that the Texas Army National Guard was still working on the amended active duty for special work (ADSW) orders. She also contends, in effect, that her separation date should be changed to 2 February 2006 because she accrued 2.5 days of leave and .5 was deleted from her final leave balance at the out processing center.
3. The applicant provides a copy of her DD Form 214; orders 190-309, dated
8 July 2004; orders 061-125, dated 2 March 2006; a document titled RC/LEAVE; and promotion orders, dated 9 November 2005. Her application indicates that she provided certificates of training for the Unit Movement Officer Course and the Air Handlers Course; however, these certificates are not available.
CONSIDERATION OF EVIDENCE:
1. The applicant has served in Operation Iraqi Freedom.
2. After having prior service, the applicant enlisted in the Army National Guard effective 15 July 1999. Orders show the applicant was ordered to active duty for ADSW during the period 6 July 2004 to 1 August 2004.
3. The applicant was ordered to active duty on 2 August 2004 in support of Operation Iraqi Freedom. She served in Kuwait/Iraq from 5 January 2005 to
8 December 2005 and was released from active duty on 30 January 2006.
4. Items 4a and 4b on the applicants DD Form 214 show the entries, SSG [staff sergeant] and EO6. Item 12a on her DD Form 214 shows that she entered active duty on 2 August 2004. Item 12b on her DD Form 214 shows that she separated on 30 January 2006. Item 12c on her DD Form 214 shows that she completed 1 year, 5 months, and 29 days. Item 12h on her DD Form 214 shows that her effective date of pay grade is 2 December 2002. Item 14 on her DD Form 214 shows the entry, NONE//NOTHING FOLLOWS.
5. Texas Military Forces, Army National Guard, Adjutant Generals Department Orders 313-1175, dated 9 November 2005, show the applicant was promoted to sergeant first class effective 29 September 2005.
6. There is no evidence of record available to show the applicant completed the Unit Movement Officer Course and the Air Handlers Course.
7. The applicant provided a RC/LEAVE document which shows she took 39 days of transitional leave from 23 December 2005 through 30 January 2006.
8. Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. The regulation states, in pertinent part, that a DD Form 214 will be prepared for Reserve component Soldiers completing 90 days or more of continuous active duty for ADSW.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was promoted to sergeant first class/pay grade E-7 effective 29 September 2005. Therefore, items 4a, 4b, and 12h should be corrected on her DD Form 214.
2. Evidence of record shows the applicant was ordered to active duty for ADSW from 6 July 2004 to 1 August 2004. Since she did not complete 90 days or more of continuous active duty for ADSW, a DD Form 214 will not be prepared. Therefore, there is no basis for amending items 12a and 12c on her DD Form 214. This DD Form 214 properly begins on 2 August 2004, when she was ordered to active duty in support of Operation Iraqi Freedom.
3. There is no evidence of record to show the applicant was not separated on
30 January 2006. The RC/LEAVE document she provided indicated that she took 39 days of transitional leave from 23 December 2005 through 30 January 2006. Unfortunately, if the 2.5 or so days of leave she accrued during this period was not calculated into her transitional leave, it was lost.
4. There is no evidence of record which shows the applicant completed the Unit Movement Officer Course and the Air Handlers Course. Therefore, there is insufficient evidence on which to amend item 14 on her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
JI______ __SP____ __QS____ 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 all Department of the Army records of the individual concerned be corrected by:
a. deleting the entries in items 4a, 4b, and 12h on her DD Form 214;
b. adding the entry, SFC [sergeant first class] in item 4a on her DD Form 214;
c. adding the entry,E7 in item 4b on her DD Form 214; and
d. adding the entry, 2005 09 25 in item 12h on her DD Form 214.
2. 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 amendment of items 12a, 12b, 12c, and 14.
__John Infante________
CHAIRPERSON
INDEX
CASE ID
AR20060011200
SUFFIX
RECON
DATE BOARDED
20070403
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
100.0700
3.
4.
5.
6.
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