IN THE CASE OF:	  

		BOARD DATE:	  5 May 2009

		DOCKET NUMBER:  AR20090002294 


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, her DD Form 214 (Certificate of Release or Discharge from Active Duty) and the orders releasing her from active duty, effective 30 October 2008, be revoked and removed from her records. 

2.  The applicant states, in effect, that she was released from active duty on 30 October 2008 and issued a DD Form 214.  However, she was also issued new active duty orders on the same date of her discharge.  Therefore, she did not have a break in service and she continues to serve on active duty today.

3.  The applicant provides a copy of her DD Form 214, dated 30 October 2008; a copy of Orders 303-003, issued by the U.S. Army Installation Management Command, U.S. Army Garrison, Fort McCoy, WI, on 29 October 2008; a copy of Orders A-10-720981, issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO, on 16 October 2007; a copy of Orders A-10-720981A01, issued by HRC-St. Louis, on 23 January 2008; a copy of Orders A-10-821921, issued by HRC-St. Louis, on 30 October 20078; and a copy of Orders                A-10-821921A01, issued by HRC-St. Louis, on 30 October 2008, in support of her request.

4.  On 29 April 2009, by fax, the applicant submitted a copy of her mobilization Orders 06-138-00180, issued by the Army Reserve Medical Command, Pinellas Park, FL, on 18 May 2006, in support of her application.



CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service, the applicant was appointed as an Army Nurse second lieutenant in the U.S. Army Reserve (USAR) and executed an oath of office on 10 May 1996.  She subsequently completed various training courses, served in various staff and leadership positions, and was promoted to captain on 6 August 2002.  

2.  On 8 June 2006, the applicant was ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, U.S. Code (USC), section 12302, for a period of 545 days beginning on 8 June 2006.  She subsequently served in Iraq from 26 September 2006 to 27 September 2007.

3.  On 16 October 2007, the applicant voluntarily requested extension on active duty and was accordingly ordered to active duty for the purpose of contingency operations for active duty operational support (CO-ADOS) under the provisions of Title 10, USC, section 12301(d) for a period of 11 months and 30 days beginning on 1 November 2007 and ending on 30 October 2008.  She was assigned to the 181st Infantry Brigade, Fort McCoy, WI.

4.  On 1 May 2008, she was promoted to the rank of major.  On 29 October 2008, the U.S. Army Installation Management Command, U.S. Army Garrison, Fort McCoy, WI, published Orders 303-003, releasing the applicant from active duty to the control of her USAR unit, effective 30 October 2008. 

5.  On 30 October 2008, the applicant was accordingly honorably released from active duty to the control of her USAR unit.  The DD Form 214 she was issued shows she entered active duty this period on 8 June 2006 and was separated on 30 October 2008.  She completed 2 years, 4 months, and 23 days of creditable active military service during this period. 

6.  On 30 October 2008, HRC-St. Louis, MO, published Orders A-10-821921 ordering the applicant to active duty for another period of voluntary CO-ADOS under the provisions of Title 10, USC, section 12301(d) for a period of 365 days beginning on 31 October 2008 and ending on 30 October 2009.  She was assigned to the Warrior Transition Unit, Fort Hood, TX.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that 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.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 and the orders releasing her from active duty, effective 30 October 2008, should be revoked and removed from her records.

2.  The available evidence shows the applicant was ordered to active duty, on 8 June 2006, in support of Operation Iraq Freedom.  Prior to release from active duty, she requested and was authorized a voluntary extension to remain on active duty until 30 October 2008.  Upon completion of this period of active duty, separation orders were initiated to release her from active duty and a DD Form 214 was accordingly submitted to accurately capture and document this period of active duty service.  There is neither an error nor an injustice associated with the release from active duty order and/or the DD Form 214.

3.  The evidence of record also shows that on the same date she was released from active duty (30 October 2008), a new set of orders were initiated by HRC-St. Louis that further placed her on active duty, effective 31 October 2008, for a new mission, at a new location, for a period of 1 year.  Upon conclusion of this period of active duty, she will receive another DD Form 214 to capture and document this period of active duty service.   

4.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for revoking the applicant's DD Form 214 or the orders releasing her from active duty on 
30 October 2008.

5.  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 did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant the requested relief.





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)                                         AR20090002294



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ABCMR Record of Proceedings (cont)                                         AR20090002294



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