RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070002869


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 Certificate of
Release or Discharge (DD Form 214) to show her narrative reason for
separation as physical disability.  She also requests that her military
education be included on her DD Form 214.

2.  The applicant states that her additional training is missing and that
her DD Form 214 and her reason for separation be as reflected on her
separation orders dated 15 December 2006 "disability and not released from
active duty (REFRAD)".

3.  The applicant provides in support of her application, a copy of her DD
Form 214; a copy of orders dated 15 December 2006, releasing her from
active duty; a copy of a certificate that shows that she successfully
completed Request Data Management Training; a copy of a certificate that
shows that she successfully completed Unit Prevention Leader Certification
Course; and a copy of a certificate that shows that she successfully
completed the Commander's Safety Course.

CONSIDERATION OF EVIDENCE:

1.  The available records indicate that after completing 15 years, 3 months
and 8 days of total prior inactive service and 2 years, 9 months and 20
days of total prior active service, the applicant returned to active duty
as a Reservist on 21 February 1999.

2.  The available records also indicate that the applicant was still on
active duty when she reenlisted in the United States Army Reserve (USAR)
for an indefinite period on 25 January 2005.  The remarks section on her
Reenlistment Document indicates that her Indefinite Reenlistment was an
Active Guard Reserve (AGR) subsequent tour in accordance with Army
Regulation 140-111, chapter 8 and Special Reenlistment Bonus Designator
Zone 3, in military occupational specialty 42L30, for 6 years.  Her
Reenlistment Document also indicates that her bonus would be paid in
accordance Military Personnel (MILPER) Message 04-353 and future MILPER
messages directing change.  She indicated that she understood that her
reenlistment was for an indefinite period of time and that she would be
allowed to continue in an AGR status until she reached her Retention
Control Point (RCP) for her current grade or maximum age, whichever came
first.



3.  Orders Number C-12-691869 were published on 15 December 2006, releasing
the applicant from active duty by reason of physical disability effective
12 January 2007, and assigning her to the USAR Control Group
(Reinforcement).

4.  On 15 December 2006, Order Number C-12-638610 were published releasing
her from the USAR Control Group (Reinforcement) by reason of completing 20
or more years of Reserve Duty, and assigning her to the Retired Reserve
effective 14 January 2007.

5.  The DD Form 214 that the applicant was furnished at the time of her
separation indicates that she was honorably released from active duty on
12 January 2007, under the provisions of Army Regulation 635-200, chapter
4, due to completion of her required active service.  In the remarks
section of her DD Form 214, it is noted that the applicant forfeited
severance pay for nondisability retired pay at age 60; and in the education
section of her DD Form 214 it is noted that she completed USAR Engineer
Training for 1 week in 1999.

6.  The certificates of training that the applicant submitted in behalf of
her applications show that she successfully completed Request Data
Management Training that was conducted from 25 July through 27 July 2000;
the Unit Prevention Leader Certification Course that was conducted from 21
April through 23 April 2004; and the Commander's Safety Course that was
conducted on 1 September 2004.

7.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 4 of that regulation states, in
pertinent part, that a Soldier will be separated upon expiration of
enlistment or fulfillment of service obligation.  Personnel who are
physically unfit for retention will not be separated because of expiration
of term of service unless processing for separation because of physical
disability is waived.  A soldier enlisted or ordered to active duty
normally will be discharged or released from active duty on the date he or
she completes the period for which enlisted or ordered to active duty.

8.  Army Regulation 635-5 provides, in pertinent part, that only formal in-
service (full-time attendance) training courses successfully completed
during the period of service covered by the DD Form 214 will be listed and
that those courses
non-combat arms related that are 40 hours (1 week) or more in duration will
be listed under military education.



DISCUSSION AND CONCLUSIONS:

1.  The additional training that the applicant contends should have
included on her DD Form 214 was properly omitted.  The courses that she
completed were less than 40 hours and in accordance with the applicable
regulation, should not have been included on her DD Form 214.

2.  Although orders were published on 15 December 2006, releasing her from
active duty by reason of physical disability, the available records show
that she forfeited her severance pay for nondisability retired pay at age
60.

3.  In accordance with the applicable regulation, personnel who are
physically unfit for retention will not be separated due to expiration of
term of service unless processing for separation because of physical
disability is waived.  The available evidence indicates that prior to her
release from active duty; she waived processing for separation because of
physical disability so that she would be eligible for nondisability retired
pay at age 60.  She had 20 or more creditable years of service; therefore,
she was released from active duty upon completion of her required active
service and her DD Form 214 appropriately reflects this information.  She
is now eligible for nondisability retired pay at age 60.

4.  In order to justify correction of a military record the applicant must
show 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.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__DLL___  __WDP__  __WB___  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.





                                  ___William D. Powers__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002869                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.  191                 |110.0200/REASON & AUTHORITY             |
|3.  248                 |118.0000/MILITARY EDUCATION             |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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