RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 August 2007
      DOCKET NUMBER:  AR20070002394


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Conrad V. Meyer               |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Ms. Ernestine R. Moya             |     |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, in effect, that her separation document
(DD Form 214) should reflect that she completed 13 years and 11 months of
service, as indicated on her separation orders.

2.  The applicant states, in effect, that her separation orders show she
completed a total of 13 years, 11 months and 26 days of military service
for disability retirement purposes, but this total military service is not
reflected on her DD Form 214.

3.  The applicant provides United States Army Combined Arms Center (USACAC)
and Fort Leavenworth Orders Number 278-004, dated 4 October 2004 in support
of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's Official Military Personnel File (OMPF) contains an
Enlistment/Reenlistment Document (DD Form 4), which shows she reenlisted in
the Regular Army for her final period of service on 8 April 2002.  Item 7
(Previous Military Service Upon Enlistment) shows that at that time she had
completed
11 years, 3 months and 10 days of prior active military service.

2.  On 4 October 2004, USACAC and Fort Leavenworth Orders Number
278-0004 directed the applicant's release from active duty on 12 November
2004, in the rank of staff sergeant (SSG), for the purpose of disability
retirement. These orders indicated the applicant had completed 13 years, 11
months and
26 days of service for disability retirement computation purposes under the
provisions of Title 10 of the United States Code, Section 1405, and for
basic pay purposes.

3.  On 12 November 2004, the applicant was honorably released from active
duty.  The DD Form 214 she was issued at that time shows she completed a
total of 13 years, 10 months and 15 days of active military service and 1
month and
9 days of prior inactive military service for a total of 13 years, 11
months and
24 days of military service.  Item 18 (Remarks) contains reenlistments this
period entries confirming the applicant initially entered active duty on 28
December 1990, and that she had been in the Delayed Entry Program through
27 December 1990.  The applicant authenticated this document with her
signature in Item 21 (Signature of Member Being Separated) on the date of
her release from active duty.
4.  During the processing of this case, a member of the Board staff
reviewed the applicant's DFAS retired pay account record.  This review
confirms the applicant's retired pay was computed based on a 30 percent
disability and completion of 13 years, 11 months and 26 days of total
service.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains item-by-item preparation instructions for the DD
Form 214.  The instructions for Item 12a state, in effect, that all prior
active duty service completed will be entered as taken from previously
issued DD Forms 214.  The instructions for Item 12b (Separation Date This
Period) state, in effect, that the Soldier's actual transition/separation
date will be entered.  The instructions for Item 12c (Net Service This
Period) state, in pertinent part, that this period of service will be
computed by subtracting Item 12a from Item 12b.  The instructions for Item
12e (Total Prior Inactive Service) state, in effect, to enter the total
amount of prior inactive service, as taken from previously issued DD Forms
214 and/or the Enlisted Records Brief/Officer Records Brief.  It further
states that DEP time that began on or after 1 Jan 85 is not creditable
service for pay purposes and will not be entered in this Item.  However, it
is creditable service for completing the statutory Military Service
Obligation and will be entered in
Item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 contains incorrect
service dates in Item 12 (Record of Service) was carefully considered.
However, there is insufficient evidence to support this claim.

2.  By regulation, DEP time that began on or after 1 Jan 85 is not
creditable service for pay purposes and will not be entered in Item 12e of
the DD Form 214. The applicant's record confirms she entered the DEP on 19
November 1990.  There is no other documentary evidence on file in her
record that indicates she completed any other inactive military service.
As a result, there is no documentary evidence of record to support the
entry in Item 12e of the applicant's DD Form 214.

3.  By regulation, the net active service this period entry in Item 12c of
the DD Form 214 should be computed by subtracting the date entered in Item
12a from the date entered in Item 12b.

4.  The evidence of record confirms the applicant initially entered active
duty on 28 December 1990, and that she continuously served in that status
through reenlistments until 12 November 2004, at which time she was
honorably released from active duty by reason of disability.

5.  Using the regulatory formula and subtracting the applicant's active
duty entry date of 28 December 1990 from her separation date of 12 November
2004, results in a total of 13 years, 10 months and 15 days of active
military service, as is accurately entered in Item 12c of the applicant's
DD Form 214.  Therefore, notwithstanding the total creditable service
listed on the applicant's separation orders, which was used in the
computation of her retired pay, absent any documentary evidence of record
or independent evidence that confirms she completed any other periods of
creditable military service, there is an insufficient evidentiary basis to
support granting the requested relief.

6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___CVM     __DED__  __ERM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  _____Conrad V. Meyer____
                                            CHAIRPERSON
            INDEX

|CASE ID                 |AR20070002394                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/11/12                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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