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ARMY | BCMR | CY2009 | 20090004419
Original file (20090004419.txt) Auto-classification: Denied


		BOARD DATE:	  16 July 2009

		DOCKET NUMBER:  AR20090004419 


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 she be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing her complete military service dates between December 1997 and December 2005.

2.  The applicant states that "some paperwork states I was only in the military for 1 year."  She states she is not sure when the error occurred.

3.  The applicant provides a copy of her Armed Forces of the United States Army Reserve Identification Card showing her status as an Army Reserve Soldier with an expiration date of 24 December 2005.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board show the applicant enlisted in the United States Army Reserve for a period of 8 years on 22 December 1997.  On 4 February 1998 the applicant was ordered to active duty for the purpose of undergoing basic and advanced individual training.

2.  The applicant completed her period of active duty for training on 17 February 1999 and was released from active duty and returned to her United States Army Reserve troop program unit in Aurora, Colorado.  She was issued a DD Form 214 for her active duty service between February 1998 and February 1999, a period of 1 year and 14  days.

3.  Orders contained in the applicant’s official military personnel file indicate that on 12 January 2003 she was voluntarily transferred from her troop program unit in Colorado to the United States Army Reserve Control Group (Annual Training) to complete her 8-year enlistment contract.  The orders confirming the transfer indicated that her term of service would expire on 21 December 2008.

4.  According to the identification card provided by the applicant in support of her request to this Board, she was issued the identification card on 11 January 2004 with an expiration date of 24 December 2005.

5.  The applicant’s file does not contain a copy of orders discharging her from the United States Army Reserve.

6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states, essentially, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The date the Soldier entered active duty status and the effective date of separation from active duty will be shown in designated blocks.  DD Forms 214 capture active duty service and are not issued to members of the United States Army Reserve at the conclusion of enlistment contracts or upon discharge from the United States Army Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s available records confirm that her military service spans the period from 22 December 1978 through 21 December 2005 as a member of the United States Army Reserve.  The 1 year referred to in her application refers to the period of active duty she served between February 1998 and February 1999 while undergoing active duty for training.

2.  The applicant would not receive a DD Form 214 at the time of her discharge from the United States Army Reserve.  Such forms are only issued at the conclusion of active duty periods of service.

3.  However, the applicant should have received orders and a discharge certificate at the conclusion of her United States Army Reserve enlistment contract.  The applicant is advised to contact the United States Army Human Resources Command at 1 Reserve Way, St. Louis, Missouri  63132-5200, to inquire about her discharge orders and discharge certificate.

4.  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 the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090004419



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ABCMR Record of Proceedings (cont)                                         AR20090004419



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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