IN THE CASE OF:
BOARD DATE: 30 OCTOBER 2008
DOCKET NUMBER: AR20080014529
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 Item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 15 January 2006, be corrected to add 53 days of active duty.
2. The applicant states, in effect, that he was ordered to active duty training school (ADTS) from 29 May - 20 July 2004 and this period of active duty is not reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214; a copy of his orders to ADTS; a copy of an order awarding the applicant a military occupational specialty (MOS) of 21W (Carpentry and Masonry Specialist); and a copy of his 21W MOS certificate of completion, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is a member of the U.S. Army Reserve (USAR). On 27 March 2003, the applicant enlisted in the USAR for a period of 8 years. He was ordered to initial active duty for training (IADT) from 11 August 2003 - 25 November 2003, a period of 3 months and 15 days.
2. On 29 May 2004 he was ordered to ADTS for the purpose of reclassification into MOS 21W. On 20 July 2004, he successfully completed this course and was awarded MOS 21W. He was not issued a DD Form 214 for this period of active duty.
3. On 20 October 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom. On 15 January 2006, he completed his period of
service for which he was ordered to active duty and was honorably released from active duty. He was issued a DD Form 214 covering this period of active duty. It correctly shows his total prior active service in Item 12d (Total Prior Active Service) as 3 months and 15 days.
4. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5). Paragraph
2-1a(2) stipulates, in pertinent part, that a DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more of continuous active duty for training, except for Soldiers completing initial active duty training that results in the award of an MOS, even when the active duty period was less than 90 days.
5. Army Regulation 635-5 also stipulates that total prior active service listed on previously issued DD Forms 214 is entered in Item 12d of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's period of ADTS in May - July 2004 pre-dated the period of service for which he was ordered to active duty in support of Operation Iraqi Freedom by more than 3 months. Therefore, the 53 days he performed ADTS cannot be added in Item 12c of his DD Form 214, with an effective date of
15 January 2006, because the active duty was not performed during one continuous period of active duty.
2. Army Regulation 635-5 stipulates that a DD Form 214 will not be prepared for Reserve Component Soldiers who complete less than 90 days or more of continuous active duty for training. It also stipulates that a Reserve Component Soldier will be issued a DD Form 214 when completing initial active duty training that results in the award of an MOS, even when the active duty period was less than 90 days. This period of ADTS was not IADT for award of an MOS; it was for reclassification into a new MOS (21W). Given the regulatory guidance above, the applicant is not entitled to a separate DD Form 214 covering his period of ADTS in 2004.
3. The applicant's ADTS cannot be added in Item 12d of his DD Form 214 because he is not entitled to issuance of a DD Form 214 covering the period of active duty for ADTS. Only prior active duty from previously issued DD Forms 214 may be entered in this block.
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.
__________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.
ABCMR Record of Proceedings (cont) AR20080014529
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ABCMR Record of Proceedings (cont) AR20080014529
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