IN THE CASE OF:
BOARD DATE: 15 July 2008
DOCKET NUMBER: AR20070014289
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for her period of active duty from 16 August 2005 to 15 August 2006.
2. The applicant states, in effect, that she completed one year of active duty but was not issued a DD Form 214.
3. The applicant provides a copy of Orders A-08-517015, dated 16 August 2005, ordering her to active duty in support of Operation Enduring Freedom, in support of her application:
CONSIDERATION OF EVIDENCE:
1. The applicant is a sergeant first class (SFC) in the U.S. Army Reserve (USAR), holding military occupational specialty (MOS) 89B (Ammunition Specialist). Her records show that, with prior service in the Regular Army and the Army National Guard, she enlisted in the USAR for a period of 6 years on 9 March 1994 and subsequently executed a series of reenlistments in the USAR, including a 6-year reenlistment on 9 September 2000 and an indefinite reenlistment on 10 March 2006.
2. On 16 August 2005, U.S. Army Human Resources Command (HRC), Alexandria, Virginia (VA), published Orders A-08-517015, ordering the applicant to active duty under the provisions of 10 USC, section 12301(D), for a period of 365 days, for the purpose of Contingency Operation Temporary Tour of Active Duty (COTTAD) Operation Enduring Freedom (OEF). She was instructed to report to the U.S. Army Ordnance, Munitions, and Electronic Maintenance Center at Redstone Arsenal, Alabama, effective 16 August 2005.
3. On 10 August 2006, HRC-Alexandria, VA, published Orders A-08-621013, ordering the applicant to active duty under the provisions of 10 USC, section 12301(D), for a period of one year for Contingency Operation for Active Duty Operations Support (CO-ADOS) in support of OEF. She was assigned to the 13th Ordnance Battalion, 108th Division, Redstone Arsenal, Alabama, and attached to the 59th Ordnance Brigade, Beloxi, Mississippi, effective 16 August 2006.
4. The applicant's was honorably released from active duty on 15 August 2007, for completion of required active service. Item 12a (Date Entered Active Duty This Period) show the entry "2006 08 16"; Item 12b (Separation Date This Period) shows the entry "2007 08 15"; and Item 12c (Net Active service This Period) shows the entry "0001 00 00."
5. The applicant's Chronological Statement of Retirement Points) shows the applicant accrued 365 active duty points from 1 June 2005 to 31 August 2006 and another 365 days from 1 June 2006 to 31 May 2007.
6. There is no indication in the applicant's records that she was issued a DD Form 214 for the period 16 August 2005 to 15 August 2006
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. 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 and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. It states, in pertinent part, that Item 12 shows the Record of Service. Extreme care is used when completing this block since post-service final pay, benefits, retirement credit, and so forth are based on this information. Item 12a shows the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued and Item 12b shows the Soldiers transition date. Item 12c shows the net completed period of active duty covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show that she was ordered to active duty for the purpose of COTTAD support to OEF on 16 August 2005. Her period of active duty ended on 15 August 2006. However, she was not issued a DD Form 214 as required by regulation. She then entered a second period of active duty, without a break in service, for the purpose of CO-ADOS in support of OEF. Upon completion of her second period of active duty, she was issued a DD Form 214 that only covered her second year of active duty.
2. It appears that the Transition Center that prepared the DD Form 214 did not have a copy of the applicant's first set of orders that ordered her to active duty on 16 August 2005. Furthermore, her chronological statement shows that she was on active duty from 16 August 2005 to 15 August 2006. Therefore, there is sufficient evidence to show that the applicant is entitled to a DD Form 214 to show that period of active duty.
3. Nevertheless, since the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and since there was no break in service, it would be appropriate to correct the beginning period of her existing DD Form 214 to reflect she entered active duty in 2005 instead of 2006 and completed 2 years of active duty instead of 1.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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. deleting the entry "2006 08 16" from Item 12a of the applicant's DD Form 214, dated 15 August 2007, and replacing it with the entry "2005 08 16"; and
b. deleting the entry "0001 00 00" from Item 12c of the applicant's DD Form 214, dated 15 August 2007, and replacing it with the entry "0002 00 00."
XXX
_ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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