IN THE CASE OF:	  

		BOARD DATE:	        21 MAY 2009

		DOCKET NUMBER:  AR20090000133 


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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 21 March 2006, hereafter referred to as the subject DD Form 214, be corrected to show she entered an active duty status at the end of February 2005 instead of 9 April 2005.  She also requests that the DD Form 214 be corrected to show all of her active duty service.

2.  The applicant states, in effect, the subject DD Form 214 shows she served 11 months and 13 days from 9 April 2005 through 21 March 2006.  She contends she actually entered an active duty status in February 2005.  When she was released from advanced individual training (AIT) she went to Walter Reed Army Medical Center (WRAMC), Washington, DC for medical treatment which lasted until she was discharged, on 21 March 2006.

3.  The applicant provides a copy of the subject DD Form 214, dated 21 March 2006, in support of her request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the US Army Reserve Delayed Entry Program (DEP) for 8 years on 17 January 2002.  On 27 February 2002, she was discharged from the DEP and enlisted in the Regular Army (RA) on 28 February 2002.  She was ordered to active duty and underwent basic combat training (BCT) at Fort Jackson, SC.


2.  The applicant did not complete her training; on 29 May 2002, she was discharged under the provisions of chapter 11, Army Regulation 635-200, for entry level performance and conduct.  The DD Form 214 she was issued shows she was credited with completing 3 months and 2 days of active service.

3.  The applicant had a break in service until she enlisted in the Utah Army National Guard (UTARNG), on 24 March 2004, and was assigned to the 115th Maintenance Company, Draper, UT.

4.  Orders 408410 published by the Salt Lake City Military Entrance Processing Station (MEPS), dated 24 March 2004, ordered the applicant to initial active duty for training (IADT).  She was ordered to report to Fort Jackson, SC, effective 14 September 2004, to attend BCT with a follow-on assignment to Aberdeen Proving Ground (APG), MD to attend AIT for military occupational specialty (MOS) 45B (Small Arms Repairer), effective 30 November 2004.

5.  There is no evidence to show exactly when the applicant entered IADT.  However, on 22 October 2004, Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, SC published Orders 296-214 directing the applicant's attachment to Company A, 16th Ordnance Battalion, APG, MD for the purpose of attending AIT in MOS 45B, effective 26 November 2004.

6.  There is no evidence to show exactly when the applicant arrived at APG; however, on 14 December 2004, U.S. Army Garrison, APG, MD, published Orders 349-90, awarding the applicant MOS 45B, effective upon successful completion of the 45B course. 

7.  The applicant's record contains a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 13 February 2006, that shows she was treated, on 28 February 2005, at Kirk Army Health Clinic, APG, MD for abdominal pain.  She was medically evacuated from APG to WRAMC for evaluation which revealed a diagnosis of abdominal diffuse epithelial malignant mesothelioma.

8.  The applicant's record shows she was released from IADT to the control of her ARNG unit on 15 March 2005.  Orders 408410, dated 24 March 2004, (see paragraph 4, above), were overstamped “Release from Active Duty Reserve and National Guard Data Element” with a handwritten release date of 15 March 2005 and a “Mode of Travel” indicated as “TR” for Transportation Request.  This overstamp is initialed in the “Verification and Authentication Authority” box.

9.  The applicant's NGB Form 23a (Army National Guard Current Annual Statement), dated 9 April 2009, shows she was in an ARNG status from 24 March 2005 to 8 April 2005, but on 16 days of AD.
10.  The U.S. Army Human Resources Command (HRC), St. Louis, MO, published Orders A-08-516483 ordering the applicant to active duty in the Active Duty Medical Extension (ADME) program for a period of 179 days.  She was directed to report to WRAMC, effective 9 April 2005.  The Orders stipulated that early report was not authorized.  The orders were actually published, on 4 August 2005, well after her reporting date to WRAMC.

11.  On 29 September 2005, HRC-St. Louis, MO, published Orders  
A-08-516483A01 further adjusting the applicant's period of active duty to 358 days ending on 1 April 2006.  The applicant began to receive surgery and chemotherapy in accordance with a National Institutes of Health (NIH) protocol on 9 April 2005.

12.  On 10 January 2006, a medical evaluation board (MEB) convened at the 115th Transportation Company in Draper, UT and determined that the applicant was medically unfit for duty due to diffuse intra-abdominal malignant epithelial mesothelioma.  The MEB recommended referral to a physical evaluation board (PEB).  The applicant indicated she did not desire to continue on active duty and agreed with the MEB’s findings and recommendations.  

13.  On 23 February 2006, an informal PEB convened at WRAMC and found the applicant's medical and physical impairments prevented reasonable performance of the duties required by her grade and military specialty and determined that she was physically unfit due to malignant mesothelioma which was in complete remission.  The applicant was classified under the Veterans Affairs Schedule for Rating Disabilities (VASRD) code 7627 and she was given a rating of zero percent.  The PEB recommended the applicant be separated from the service with entitlement to severance pay.  The applicant concurred with the PEB’s findings and recommendation and waived a formal hearing of her case.

14.  On 21 March 2006, the applicant was honorably discharged by reason of disability.  The subject DD Form 214 she was issued shows she completed a total of 11 months and 13 days of creditable active military service from 9 April 2005 through 21 March 2006.  It also shows, in Item 12d (Total Prior Active Service), the entry 6 months and 12 days.

15.  The applicant's record does not contain orders that show she entered active between 16 March 2005 (the date after she was released from IADT to the control of her ARNG unit) and 8 April 2005 (the date prior to being ordered to active duty for ADME).  However, her NGB Form 23 shows she was on AD from 24 March to 8 April 2005.


16.  On 10 April 2009, the ABCMR case analyst of record contacted the applicant and requested a copy of her IADT DD Form 214 for the period 14 September 2004 through 15 March 2005; however, the applicant complained that it was taking the Army too long to correct her records, and directed the ABCMR analyst to speak with her VA representative without providing any contact information as to whom that person might be, and then she hung up.

17.  On 13 April 2009, the ABCMR case analyst of record contacted the Transition Center at Aberdeen Proving Ground, MD, and inquired if the applicant was issued a DD Form 214 for any active service she performed at Aberdeen Proving Ground.  The Transition Center official was unable to find a DD Form 214 for the applicant's period of IADT.  The Transition Center does not keep records on file more than 2 years.  

18.  On 14 April 2009, in response to an email request, a field service officer at the Defense Finance and Accounting Service (DFAS)-Indianapolis, IN, was unable to verify the applicant's periods of IADT and deferred the issue to the UTARNG.

19.  Attempts to reach the UTARNG were unsuccessful.

20.  On 28 April 2009, the case analyst of record contacted the Inspector General, UTARNG who was able to confirm the applicant was issued an order, on 24 March 2004, directing her to report to Fort Jackson, SC, for BCT on 
14 September 2004, with a follow-on assignment to APG, MD, for IADT and that she was released from IADT to the control of her ARNG unit, on 15 March 2005. However, there is no record that she entered active duty between 16 March 2005 and 8 April 2005, except for the NGB Form 23 that shows she was an ARNG unit member on AD from 24 March to 8 April 2005.

21.  The ADME was implemented to evaluate and treat the Reserve Component (RC) Soldier with a documented in the line of duty-incurred or aggravated injury, illness, or disease, and provide pay and allowances, to the extent permitted by law, to those Soldiers while being treated for or recovering from this Service-connected medical condition.  The goal is to return the Soldier back to duty within his or her respective RC as soon as possible.  If return to duty is not possible, the goal is to process the Soldier through the Army physical disability evaluation system (PDES).  In order to be considered for the ADME, the medical condition 
incurred or aggravated must have occurred while in an IADT status or non-mobilization active duty status and that medical care will extend beyond 30 days. The medical condition must prevent the Soldier from performing his or her Military Occupational Skill/Area of Concentration (MOS/AOC).

22.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 12 shows the Record of Service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued; item 12b shows the Soldier’s transition date; and item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Additionally, paragraph 2-7 of this regulation directs not to issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers and that if no DD Form 214 is available, to issue a statement of service or transcript of military record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the subject DD Form 214 should be corrected to show she entered an active duty status at the end of February 2005 instead of the current date of 9 April 2005.  She also states that it should show all of her active duty service.

2.  The evidence of record shows the applicant was ordered to IADT and reported on or about 14 September 2004.  She completed BCT and proceeded to APG, MD, to attend AIT.  It appears that towards the end of her training, she became ill and was subsequently medically evacuated to Walter Reed Medical Center for diagnosis and evaluation.  She was subsequently released to her ARNG unit on 15 March 2005.  There is no DD Form 214 in the applicant’s record for this period of service.

3.  The evidence of record further shows the applicant was ordered back to active duty on 9 April 2005 in the ADME Program.  She subsequently entered into the PDES and was ultimately recommended for separation by an informal PEB with entitlement to severance pay.  She was accordingly discharged on 
21 March 2006.  

4.  The date of entry shown on the subject DD Form 214 (9 April 2005) is consistent with the orders the applicant was belatedly issued on 4 August 2005.  Although the NGB Form 23 shows she was an ARNG unit member on AD from 24 March to 8 April 2005, there is no corroborating evidence to show she was on AD for that period of time.  There is insufficient evidence in the applicant's record and the applicant did not provide any evidence that warrants a change of the entry date shown on her DD Form 214.

5.  The subject DD Form 214 shows the applicant served 6 months and 12 days of prior active duty.  Using the date of 14 September 2004 as the date she entered IADT, and 15 March 2005 as the date she was released from IADT to the control of the ARNG, she would have served 6 months and 2 days.  In addition, she served 3 months and 2 days of active duty in the RA in 2002.  Thus, to account for all of her prior active duty service on the subject DD Form 214, Item 12d should show 9 months and 4 days, not 6 months and 12 days.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
deleting the entry in Item 12d of the subject DD Form 214 and adding the entry “0000  09  04.”

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing Item 12a of the subject DD Form 214.




      _______ _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)                                         AR20090000133



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ABCMR Record of Proceedings (cont)                                         AR20090000133



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