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ARMY | BCMR | CY2007 | 20070001905
Original file (20070001905.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070001905 


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. John G. Heck

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, correction of her two Certificates of Release or Discharge from Active Duty (DD Form 214) to show all of her active and inactive duty and overseas service.  

2.  The applicant states that she needs her DD Forms 214 corrected in order to receive veteran benefits.

3.  The applicant provides copies of her DD Forms 214, assignment orders, and a Statement of Retirement Points.

CONSIDERATION OF EVIDENCE:

1.  On 5 February 1992, the applicant enlisted in the United States Army Reserve for 8 years.

2.  On 25 March 1992, the applicant enlisted in the Regular Army for 4 years.  She completed her initial training and was awarded military occupational specialty 92A1O (Automated Logistical Specialist).  She served 1 month and 
21 days of inactive Reserve service from 5 February to 24 March 1992 under the Delayed Entry Program (DEP).

3.  The applicant served an overseas short tour in Egypt from May 1994 to June 1995.  The specific dates of departure and return are not available for review.

4.  On 22 March 1996, the applicant was released from active duty and transferred to the United States Army Reserve for duty with the 220th Military Police Brigade.

5.  The applicant was issued a DD Form 214 for her service from 25 March 1992 to 22 March 1996.  It shows that she had completed 3 years, 11 months, and 
22 days of creditable active duty and had completed 1 year and 6 days of overseas duty.  It credits her with 1 year and 6 days of overseas service for her duty in Egypt.

6.  On 6 April 1996, the applicant enlisted in the Regular Army.  She reenlisted for 4 years on 4 April 2000.  She had completed 14 days of inactive Reserve service from 23 March to 5 April 1996.  

7.  The applicant served an overseas tour of duty with Company D, 2nd Aviation Battalion, 1st Brigade, 2nd Infantry Division, in the Republic of Korea from May 2002 to sometime between 15 July and 8 October 2003.  

8.  On 22 August 2003, the applicant reenlisted in the Regular Army for 6 years.  

9.  On 9 October 2003, the applicant was assigned to the Medical Holding Company, Walter Reed Army Medical Center.  

10.  On 9 March 2004, the applicant was honorably discharged from the Regular Army due to physical disability, and awarded severance pay.  She had attained the rank of sergeant, pay grade E5, and had completed 7 years, 11 months, and 4 days of creditable active duty during this period of active service. 

11.  The applicant was issued a DD Form 214 for her service from 6 April 1996 to 9 March 2004.  It shows that she completed 7 years, 11 months, and 4 days of creditable active duty during this period of service.  However, it does not show her prior active duty service of 3 years, 11 months, and 22 days or her 14 days of inactive service between enlistments.  It credits her with 1 year and 1 month of overseas service for her duty in the Republic of Korea.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, from previously issued DD Forms 214 and or Enlisted Records Brief/Officer Records Brief, enter the total amount of prior inactive service, less time lost, if any.  DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory MSO (mandatory service obligation), and will be entered in block 18 (remarks).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant initially enlisted in the United States Army Reserve for 8 years on 5 February 1992.   She came on active duty 25 March 1992 and remained on active duty until 9 March 2004, except for a 
14 day break between enlistments.  Accordingly, she completed 3 years,
11 months, and 22 days of active service on her first period of active duty and another 7 years, 11 months, and 4 days on her second period of active duty.  
She completed a total of 14 days of inactive service.  She completed an overseas tour of duty in Egypt on her first period of active duty and another in the Republic of Korea during her second period of active duty. 

2.  The applicant’s DD Form 214 for the period from 6 April 1996 to 9 March 2004 does not show the applicant’s prior active duty service of 3 years, 11 months, and 28 days.  It also does not show her 14 days of inactive service between her two periods of active duty.  Therefore, her DD form 214 should be corrected to show this service.

3.  In the absence of evidence to the contrary, it is presumed that the entries in Item 12f (Foreign Service) on her DD Forms 214 are correct.  

BOARD VOTE:

 _JGH __  __LDS __  __JLP___  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:

a.  showing in Item 12d (Total Prior Active Service) of her DD Form 214 for the period ending on 9 March 2004: 3 years, 11 months, and 28 days; and

b.  showing in Item 12e (Total Prior Inactive Service) of her DD Form 214 for the period ending on 9 March 2004: 14 days.




___ Linda D. Simmons ___
          CHAIRPERSON




INDEX

CASE ID
AR20070001905
SUFFIX

RECON
 
DATE BOARDED
20070726
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
110.0000
2.

3.

4.

5.

6.


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