IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080007093 


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, correction of her separation document to show she was released from active duty (REFRAD) on 28 May 2004.

2.  The applicant states, in effect, that she was ordered to active duty special work (ADSW) on 2 February 2004 for a period of 117 days plus allowable travel time.  She also states that she was separated on 28 May 2004 and completed
3 months and 27 days net active service this period.  The applicant adds that she requests this correction so that she may get her pay corrected.

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 19 May 2004; Headquarters, U.S. Army Human Resources Command (USA HRC), AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925, dated 29 January 2004; Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A01, dated 12 February 2004; Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A02, dated 5 March 2004; Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A03, dated 18 March 2004; Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A04, dated 9 April 2004; and Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A05, dated 14 May 2004.


CONSIDERATION OF EVIDENCE:

1.  The applicant’s military service records show that she enlisted in the U.S. Army Reserve (USAR) on 19 March 1994 and entered active duty in the Regular Army (RA) on 17 August 1994.  Upon completion of basic combat training and advanced individual training, she was awarded military occupational specialty (MOS) 91B (Medical Specialist).  The applicant was honorably discharged from the RA on 29 August 1999, in the rank of sergeant (SGT)/pay grade E-5, to enter an officer training program.  At the time, the applicant was credited with completing 5 years and 13 days net active service this period.  

2.  The applicant's military service records show that she enlisted in the Army National Guard of the United States (ARNGUS) on 30 August 1999 and entered the Florida Army National Guard (FLARNG).  On 6 September 2000, she signed a Reserve Officers’ Training Corps (ROTC) Cadet Command Form 203-R (Guaranteed Reserve Forces Duty (GRFD) Scholarship/DASE-COOP Cadet Contract Endorsement).  Following completion of all training requirements, the applicant was commissioned a second lieutenant (2LT)/pay grade O-1 in the USAR and assigned to the Adjutant General’s Corps, effective 2 August 2002.  The applicant’s military service records show that she was promoted to the rank of captain (CPT)/pay grade O-3, effective 8 February 2007.

3.  The applicant’s military service records contain a DD Form 214, with an effective date of 19 May 2004.  This document shows that the applicant was ordered to ADSW on 2 February 2004.  This document also shows, in pertinent part, that the applicant was honorably released from active duty (REFRAD) on
19 May 2004 and credited with completing 3 months and 18 days net active service this period.  Item 25 (Separation Authority) contains the entry “SEE BLOCK 18.”  Item 18 (Remarks), in pertinent part, shows the entry “BLOCK 25: SELF-TERMINATING ORDERS T-01-400925 DATED 040129; AMENDED BY
T-01-400925A02 DTD 040305; T-01-400925A03 DTD 040318; T-01-400925A04 DTD 040409; T-01-400925A05 DTD 040514//NOTHING FOLLOWS.”  This document also shows that the applicant was transferred to the 1st Battalion,
95th Engineers, 3rd Brigade, Fort Leonard Wood, Missouri.  Item 21 (Signature of Member Being Separated) shows that the applicant placed her signature on the document.

4.  The applicant’s military service records contain a DD Form 214, with an effective date of 28 May 2007.  This document shows that the applicant was ordered to active duty from Tampa, Florida, on 29 May 2004, in support of Operation Noble Eagle.  This document also shows the applicant was honorably 

REFRAD on 28 May 2007 and credited with completing 3 years net active service this period; 5 years, 5 months, and 3 days total prior active service; and
4 years, 4 months, and 9 days total prior inactive service.  This document also shows that the applicant was transferred to the USAR Control Group (Reinforcement), St. Louis, Missouri.

5.  In support of her application, the applicant provides the following documents:

     a.  DD Form 214, with an effective date of 19 May 2004, which was previously introduced and considered in this Record of Proceedings.

     b.  Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925, dated 29 January 2004, that show, in pertinent part, the applicant was ordered to ADSW on 2 February 2004 for a period of 29 days plus allowable travel time.  These orders also show, at the time, the applicant was residing in Waynesville, Missouri, and ordered to report to Headquarters and Headquarters Company, USA HRC, 1 Reserve Way, St. Louis, Missouri.  These orders state, in pertinent part, “YOU ARE ORDERED TO ACTIVE DUTY SPECAL WORK (ADSW) FOR TH E PERIOD SHOWN.  ON COMPLETION OF THE PERIOD OF ADSW, UNLESS SOONER RELEASED OR EXTENDED BY PROPER AUTHORITY, YOU WILL RETURN TO THE PLACE WHERE YOU ENTERED ADSW.”

     c.  Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A01, dated 12 February 2004, that show, in pertinent part, the period for which the applicant was ordered to ADSW on 2 February 2004 was amended to a period of 40 days plus allowable travel time.  

     d.  Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A02, dated 5 March 2004, that show, in pertinent part, the period for which the applicant was ordered to ADSW on 2 February 2004 was amended to a period of 47 days plus allowable travel time.  
     e.  Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A03, dated 18 March 2004, that show, in pertinent part, the period for which the applicant was ordered to ADSW on 2 February 2004 was amended to a period of 77 days plus allowable travel time.  

     f.  Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A04, dated 9 April 2004, that show, in pertinent part, the period for which the applicant was ordered to ADSW on 2 February 2004 was amended to a period of 107 days plus allowable travel time.  

     g.  Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A05, dated 14 May 2004, that show, in pertinent part, the period for which the applicant was ordered to ADSW on 2 February 2004 was amended to a period of 117 days plus allowable travel time.  

6.  An Internet inquiry on the worldwide web revealed that the distance between Waynesville, Missouri and St. Louis, Missouri is approximately 135 miles with a driving time of less than 2.5 hours.  It also revealed that the distance between  St. Louis, Missouri and Tampa, Florida is approximately 1,010 miles with a driving time of about 15.5 hours and that the distance between Waynesville, Missouri and Tampa, Florida is approximately 1,146 miles with a driving time of about 17.75 hours.  This Internet inquiry also revealed that the year 2004 was a leap year and that the month of February had a total of 29 days.

7.  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 guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).

8.  Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It instructs for block a (Date Entered AD This Period) to enter 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; for block b (Separation Date This Period) to enter the Soldier's transition date; and for block c (Net Active Service This Period) to enter the amount of service this period, computed by subtracting Item 12a from Item 12b.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her separation document should be corrected to show she was REFRAD on 28 May 2004 and credited with completing 3 months and 27 days net active service.



2.  The evidence of record shows that the applicant was ordered to ADSW on
2 February 2004 for a period that was amended to a total of 117 days plus allowable travel time and, upon completion, the applicant was to return to the place where she entered ADSW, unless sooner released or extended by proper authority (emphasis added).

3.  The evidence of record shows that the distance from Waynesville, Missouri to St. Louis, Missouri is approximately 135 miles, with a driving time of less than
2.5 hours.  The evidence of record also shows that the applicant was authorized travel by privately owned vehicle as a personal convenience.

4.  Calculating 108 days (i.e., 107 ADSW days plus 1 day travel) from the date the applicant was ordered to active duty on 2 February 2004 results in a “through” or separation date of 19 May 2004 and equates to 3 months and
18 days net active service.

5.  The evidence of record shows the applicant’s DD Form 214, with an effective date of 19 May 2004, documents that she was ordered to ADSW on 2 February 2004, was honorably REFRAD on 19 May 2004, and credited with completing
3 months and 18 days net active service this period (i.e., 108 days).  In this regard, the evidence of record shows that the applicant’s orders allowed for early release upon completion of the ADSW.  In addition, the evidence of record shows that the applicant placed her signature on the DD Form 214 attesting that she had reviewed and concurred with the accuracy of the information contained on the separation document (i.e., that she was REFRAD on 19 May 2004).  Thus, based on the available evidence, it is concluded that the applicant’s DD Form 214, with an effective date of 19 May 2004, accurately documents the actual period of ADSW and net active service during this period.

6.  Notwithstanding Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A05, dated 14 May 2004, that show the period for which the applicant was ordered to ADSW on 2 February 2004 was amended to a period of 117 days plus allowable travel time to return to Waynesville, Missouri, the applicant provides insufficient evidence to show she served on active duty beyond 19 May 2004 (i.e., the separation date that is recorded on her DD Form 214).  It is noted that the applicant was subsequently ordered to active duty on
29 May 2004 and that she entered active duty at Tampa, Florida; the day after the applicant claims she was REFRAD to return to Waynesville, Missouri.  In this regard, the evidence of record shows that the driving time from St. Louis/ Waynesville, Missouri to Tampa, Florida calls for at least 2 days of travel time.  Therefore, in view of all of the foregoing, the applicant provides insufficient evidence to support her claim.

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  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.



      ___________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)                                         AR20080007093



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ABCMR Record of Proceedings (cont)                                         AR20080007093



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