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ARMY | BCMR | CY2009 | 20090003340
Original file (20090003340.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  31 March 2009

		DOCKET NUMBER:  AR20090003340 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be updated by adding the 25 days of active duty she performed in 2006.

2.  The applicant states that her DD Form 214 has not been updated since she completed advanced individual training in 1986.

3.  In support of her request, the applicant provides copies of her DD Form 214; her DD Form 220 (Active Duty Report); Orders 06-058-00019, Headquarters, 100th Division (Institutional Training), Louisville, Kentucky, dated 27 February 2006; Orders 06-101-00078, 99th Regional Readiness Command, Coraopolis, Pennsylvania, dated 11 April 2006; and Orders 153-0016, Headquarters, U.S. Army Fort Dix, Fort Dix, New Jersey, dated 2 June 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s service personnel record shows she enlisted in the U.S. Army Reserve (USAR) with no prior service on 18 July 1985 and has continued to serve with unbroken service to the current date.  The applicant is currently assigned to a Reserve troop program unit in the rank and pay grade of master sergeant/E-8.

2.  The evidence shows that on 4 September 1985, the applicant was ordered to initial active duty for training (IADT) to undergo basic and advanced individual training.  She was honorably released from IADT upon completion of her military occupational specialty training on 20 March 1986 and was returned to her Reserve unit.  On her release from IADT, she was issued a DD Form 214 to document her service.

3.  On 11 April 2006, the applicant was ordered to active duty in support of Operation Iraqi Freedom in orders published by the 99th Regional Readiness Command for a period of 545 days with a reporting date of 8 May 2006.  The applicant reported to her mobilization station for duty on 8 May 2006.

4.  On 2 June 2006, the applicant was released from active duty, not by reason of physical disability, and was assigned to the 356th Public Affairs Detachment, Baltimore, Maryland, by Orders 153-0016, Headquarters, U.S. Army Fort Dix, dated 2 June 2006.

5.  A DD Form 220 was prepared for the applicant upon her release from active duty on 2 June 2006.  The DD Form 220 shows the applicant served on active duty for a period of 25 days.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-1states, 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.  A DD Form 214 will be prepared for USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, regardless of the length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR and was issued a DD Form 214 to document the period of her IADT from 4 September 1985 through 20 March 1986.  The DD Form 214 the applicant was provided is not subject to updating to include service performed subsequent to that period of service.

2.  The applicant was provided a DD Form 220 to document her active duty service for the period 8 May 2006 through 2 June 2006, a total of 25 days.  The applicant was provided a DD Form 220 because she was not on active duty sufficiently long enough to qualify for issuance of a DD Form 214 in accordance with Army Regulation 635-5.

3.  The DD Form 214 is not a living document to be updated each time a Soldier is ordered to active duty.  Each time a Soldier is ordered to active duty, a determination is made whether that Soldier qualifies for issuance of a DD Form 214 to cover that period of active duty or if the Soldier's service is to be documented through the preparation of a DD Form 220.

4.  The applicant is not entitled to have the DD Form 214 she was issued on 20 March 1986 updated to include the 25 days service she performed ending on 2 June 2006.

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.

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