RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2007
	DOCKET NUMBER:  AR20060011502 


	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

Mr. W. W. Osborn, Jr.

Analyst


The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Mr. David K. Haasenritter

Member

Ms. LaVerne M. Douglas

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 24 September 1999 be changed to show "Honorable" rather than "Uncharacterized."  She also requests that she be issued a DD Form 214 to replace her DD Form 220 (Active Duty Report) for the period of active duty ending 21 August 1998 and her NGB Form 22 for the period of Florida Army National Guard (ARNG) service ending 6 July 2004.

2.  The applicant states, in effect, that she recently accepted employment with the Department of Defense and needs the changes so that she may be credited with longevity.

3.  The applicant provides copies of her DD Form 214, DD Form 220, and NGB Form 22.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Georgia ARNG on 30 March 1998.  She attended basic training at Fort Jackson, South Carolina from 8 June 1998 to 21 August 1998 and was issued a DD Form 220 upon her release from active duty training.   
2.  She attended advanced individual training at Fort Leonard Wood, Missouri from 9 June 1999 to 24 September 1999.  She was awarded military occupational specialty (MOS) 88M as a military transport operator.  Upon completion of this 106 day period of active duty training she was released from active duty training with an uncharacterized separation under the provisions of Army Regulation 635-200, chapter 4 for "Completion of Required Active Service" and assigned a Separation Program Designator (SPD) Code of "MBK."  Her 
DD Form 214 shows 3 months and 16 days of "Net Active Service This Period" in item 12c and 2 months and 14 days of "Total Prior Active Service" in item 12d." She was returned to the Georgia ARNG.

3.  At some point the applicant transferred to the Florida ARNG from which she was separated with an honorable character of service on 6 June 2004 as evidenced by her NGB Form 22.   There is no item on the NGB Form 22 intended to show active duty service completed during the period covered by the report.  Only "Prior Active Federal Service" is to be shown (in item 10c).


4.   Army Regulation 635-5 (Separation Documents), paragraph 2-1 provides, in pertinent part, the instructions for preparing the DD Form 214 and states:

	The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. 

	a.  Except as provided in paragraph b below, a DD Form 214 will be prepared for each Soldier as indicated: 

	(1)  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration term of service (ETS)), physical disability separation, or punitive discharge under the Uniform Code of Military Justice. 

	(2)  Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT) [emphasis added], Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service, except as specified in subparagraphs (3) through (5) below [emphasis added].
	
	(3)  RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty.  (A separation under AR 635-200,  paragraph 5-11 is not considered a physical disability separation.)

	(4)  ARNGUS and USAR Soldiers mobilized under sections 12301(a) , 12302 , or 12304 , title 10, U.S. Code and ARNG Soldiers called into Federal service under chapter 15, or section 12406, title 10, U.S. Code , regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report). 

	(5)  RC Soldiers completing initial ADT that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days.  This includes completion of advanced individual training (AIT) under ARNGUS Alternate Training Program or USAR Split Training Program. 

5.  Paragraph 2-4 of the regulation provides line-by-line instructions for completing the DD Form 214 and states, in pertinent part, that "Characterization or description of service is determined by directives authorizing separation." 
6.  Army Regulation 635-200 (Personnel Separations-Active Duty Enlisted Administrative Separation), paragraph 3-4 lists the various authorized types of characterization of service or description of separation "as Honorable, General (under honorable conditions), or Under Other Than Honorable Conditions" and specifies that under “entry-level status, service will be uncharacterized and so indicated in item 24 of DD Form 214."  It provides that a separation will be described as entry-level with service uncharacterized if processing is initiated while a soldier is in entry-level status…."

7.  Chapter 4 of the regulation provides the guidance for "Separation for Expiration of Service Obligation" and states that a Soldier will be discharged or released from active duty upon termination of enlistment and other periods of active duty or active duty for training.  It specifies that "Soldiers of the ARNGUS and the USAR ordered to AD for a period in excess of 90 days will, upon release from AD, revert to control of the appropriate Reserve Component"; and that the "service of Soldiers specified in this paragraph who are in entry-level status will be uncharacterized, even though they have completed their IADT successfully." 

8.  The Glossary for Army Regulation 635-200 provides a more specific and limiting definition of entry-level status as follows: 

	"For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, It terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  (Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until
90 days after beginning Phase II.)

9.  Army Regulation 635–5–1 (Personnel Separations Separation Program Designator (SPD) Codes) shows that the code MBK relates to "Completion of Required Active Service."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's entry-level status ended when her second ADT period extended past the 90th day.  Since the applicant was released from active duty for training under the provisions of chapter 4 of Army Regulations 635-200 for completion of required active service after the 90th day of her service, this service should have been characterized as honorable.

2.  Army Regulation 635-5-1 shows that the SPD code of MBK is correct.
3.  Issuing the applicant a DD Form 220 (Active Duty Report) for the period of Active Duty Training ending on 21 August 1998 is appropriate.  That period is correctly shown on her subsequent DD Form 214, in item 12d as "Total Prior Active Service."

4.  The NGB Form 22 was issued by the state of Florida and would have to be corrected by the military department of the State.  However, there is no apparent error or injustice on that form that relates to the issue of the applicant's active duty service.  All of her active duty service is appropriately reflected on her DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__DKH__  __LMD__  __KAN __  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 changing item 24 of her 24 September 1999 DD Form 214 to show that her service was characterized as honorable.

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 issuing a DD Form 214 to replace the DD Form 220 for the first period of active duty training or her NGB Form 22.




__Kathleen A. Newman__
          CHAIRPERSON
INDEX

CASE ID
AR20060011502
SUFFIX

RECON
 
DATE BOARDED
20070320 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
129
2.

3.

4.

5.

6.