IN THE CASE OF:
BOARD DATE: 15 May 2008
DOCKET NUMBER: AR20080002808
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, in effect, that the date entered in Item 12b (Separation Date This Period) of her separation document (DD Form 214) be corrected.
2. The applicant states, in effect, that the actual year of her separation was 2007 and not 2006, as is indicated in Item 12b of her DD Form 214.
3. The applicant provides separation orders, dated 12 March 2007, and an amendment to those separation orders, dated 16 March 2007, in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that she enlisted in the United States Army Reserve (USAR) on 4 December 1981. She was promoted to the rank of first sergeant (1SG) on 1 February 2003, and this is the highest rank she has held during her military service.
2. On 13 October 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom for 179 days, ending on 8 December 2005. She served in Kuwait from 9 December 2004 through 10 March 2005.
3. On 12 December 2005, her active duty period was extended to a total of
358 days, ending on 5 June 2006, and on 3 November 2006, her active duty period was again extended to a total of 716 days, ending on 29 May 2007.
4. On 12 March 2007, Headquarters, Walter Reed Army Medical Center (WRAMC), Washington, DC, Orders 071-0006, directed the applicant's release from active duty (REFRAD) on 16 March 2006, and her return to her USAR unit.
5. On 16 March 2007, Headquarters, WRAMC Orders 075-0002, amended Orders 071-0006 by changing the effective date of REFRAD from 16 March 2006 to 16 March 2007. Item 12b of the DD Form 214 issued to the applicant contains the entry "2006 03 16," and Item 12c (Net Active Service This Period) contains the entry "0002 03 13."
6. 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 12b state to enter the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government. The instructions for Item 12c state to enter the amount of service this period, which is computed by subtracting Item 12a
(Date Entered AD This Period) from Item 12b.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the date entered in Item 12b of her DD Form 214 is incorrect was carefully considered and found to have merit. The evidence of record confirms the applicant's separation orders, dated 12 March 2007, erroneously listed an effective date of separation of 16 March 2006, and that these orders were properly amended on 16 March 2007, to change the effective date to 16 March 2007; however, the date entered in Item 12b of the DD Form 214 issued to the applicant erroneously contained the original incorrect effective date of 16 March 2006. As a result, it would be appropriate to amend Item 12b of the separation document in question by deleting the current entry and replacing it with the entry "2007 03 16."
2. In addition, the entry in Item 12c of the DD Form 214 in question was also erroneous and should be corrected by deleting the current entry and replacing it with the entry "0002 05 04", which is arrived at by subtracting Item 12a from the corrected date in Item 12b.
BOARD VOTE:
___x____ ___x____ ___x____ 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 amending her DD Form 214 by deleting the current entry in Item 12b and replacing it with the entry "2007 03 16"; by amending Item 12c by deleting the current entry and replacing it with the entry "0002 05 04"; and by providing her a correction to her separation document that includes these changes.
_______x________________
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.
ABCMR Record of Proceedings (cont) AR20080002808
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ABCMR Record of Proceedings (cont) AR20080002808
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