RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 September 2007
DOCKET NUMBER: AR20070005328
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. Larry C. Bergquist
Chairperson
Ms. Marla J. N. Troup
Member
Ms. Ernestine I. 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, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show that she entered active duty on 29 September 2004 instead of 22 January 2005.
2. The applicant states that she was ordered to active duty by Presidential Executive Order on 29 September 2004.
3. The applicant provided a copy of the U.S. Army Human Resources Command (AHRC), St. Louis, Missouri, Orders M-08-403372, dated 10 August 2004, in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that she enlisted in the Regular Army on 2 April 1998 for a period of 4 years. She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 95C (Corrections Specialist). She further extended her enlistment by 12 months and was honorably released from active duty on 1 April 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
2. On 10 August 2004, pursuant to Presidential Executive Order of 14 September 2001, she was relieved from her Reserve Component status and ordered to active duty for a period not to exceed 25 days for mobilization processing. She was also ordered to report to Fort Jackson, South Carolina, no later than 29 September 2004 as part of partial mobilization in support of Operation Iraqi Freedom for a period of active duty not to exceed 545 days unless extended or terminated by proper authority.
3. On 22 September 2004, her mobilization orders were amended to reflect a change of name that she had submitted and was approved in February 2000.
4. On 30 March 2005, AHRC St. Louis, Missouri, published Orders Number A-03-508882, ordering the applicant retained on active duty under the provisions of Section 12310 (D), Title 10, USC, and effective 18 March 2005. The Orders also stated that the applicant was assigned to the Medical Retention Center, Fort Bliss, Texas, for a period of 179 days to voluntarily participate in the USAR Medical Holdover processing program for completion of medical care and treatment.
5. The applicant's DD Form 214 shows that she served in Iraq during the period 22 January 2005 through 28 February 2005.
6. The facts and circumstances pertaining to the applicant's injury are not available for review in this case. However, the DD Form 214 the applicant was issued shows that she was retired by reason of permanent disability effective 30 April 2005.
7. The applicant's DD Form 214 that was issued on 30 May 2005 shows the following entries:
a. Item 12a (Date Entered Active Duty This Period) - 2005 01 22 (22 January 2005).
b. Item 12b (Separation Date This Period) - 2005 05 30 (30 May 2005).
c. Item 12c (Net Active Service This Period)- 0000 04 09 (4 months and 9 days).
d. Item 18 [Service in Iraq 20050122 - 20050228 (22 January 2005 through 28 February 2005)].
8. Army Regulation 635-5 (Separations Documents) governs the preparation of the DD Form 214. This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The date the Soldier entered active duty status will be entered in Item 12a. The last date of active duty will be entered in Item 12b.
9. Section I of Army Regulation 635-5 states, in pertinent part, that the DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing 90 days or more of continuous duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tour of active duty (TTAD), or Active Guard Reserve (AGR) service. The DD Form 214 will also be issued to RC Soldiers separated for cause or physical disability, mobilized, or when completing initial ADT that results in the award of a military occupation specialty (MOS) even when the period is less than 90 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be changed to show that she entered active duty on 29 September 2004 instead of 22 January 2005.
2. Evidence of records shows that the applicant was ordered to active duty on 29 September 2004. Evidence further shows that she completed mobilization and deployed to Iraq where she was injured and eventually retired by reason of permanent disability on 30 May 2005. Calculation of this period of service totals 8 months and 2 days. In view of the foregoing, there is sufficient evidence to grant the applicant's request. Therefore, the applicant is entitled to correction of her records.
BOARD VOTE:
__lcb___ __mjnp__ __eif___ 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 issuing a DD Form 215 (Correction to DD Form 214):
a. Amending Item 12a to show 2004 09 29 (29 September 2004).
b. Amending Item 12c to show 0000 08 02 (8 months and 2 days).
Larry C. Bergquist
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070005328
SUFFIX
RECON
DATE BOARDED
20070911
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
100.0200
2.
3.
4.
5.
6.
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