IN THE CASE OF:	  

		BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090006760 


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 his 28 February 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he entered active duty on 21 May 2007.

2.  The applicant states he served in an active duty status continuously from
21 May 2007 through 28 February 2009.

3.  The applicant provides five sets of orders that show he was ordered to active duty; a memorandum, dated 6 February 2009; and his DD Form 214, ending on 28 February 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a career U.S. Army Reserve (USAR) Soldier whose military service spans over 38 years.  He is currently assigned to the Civil Affairs and Psychological Operations Detachment 34 at Fort Bragg, NC, as a drilling Reservist.

2.  The applicant's ARPC Form 249-E (Chronological Statement of Retirement Points) and Primary Retirement Information sheets show that, prior to the period in question, he served in an active duty status as follows:

	a.  in the Regular Army from 1 February 1971 through 22 January 1973;


	b.  in the Army National Guard for 111 days (specific dates not available); and

	c.  in the USAR from 1 December 2003 through 19 November 2004.

3.  Civil Affairs and Psychological Operations Command Order Number 029079, dated 18 May 2007, ordered the applicant to active duty for training (ADT) for a period of 89 days effective 21 May 2007 [with a projected termination date of 
19 August 2007].

4.  Civil Affairs and Psychological Operations Command Order Number 044521, dated 16 August 2007, amended the above order to extend the period of service from 89 days to 133 days [with a projected termination date of 1 October 2007].

5.  Civil Affairs and Psychological Operations Command Order Number 000207, dated 5 October 2007, ordered the applicant to perform active duty special work (ADSW) for a period of 60 days commencing on 1 October 2007 [with a projected termination date of 29 November 2007].

6.  Civil Affairs and Psychological Operations Command Order Number 009788, dated 29 November 2007, ordered the applicant to ADT for a period of 60 days commencing 30 November 2007 [with a projected termination date of 29 January 2008].

7.  Civil Affairs and Psychological Operations Command Order Number 014107, dated 10 January 2008, amended the above order to extend the period of ADT from 60 days to 122 days [the projected termination date was 20 April 2008]. 

8.  Civil Affairs and Psychological Operations Command Order Number 
08-087-00063, dated 27 March 2008, ordered the applicant to AD for a period of 314 days in support of Operation Enduring Freedom, effective 30 March 2008.

9.  On 6 February 2009, the applicant requested a 22 day extension on AD and his request was granted. 

10.  The applicant was honorably released from active duty on 28 February 2009 and it shows the following information:

	a.  block 12a (Date Entered AD this Period) contains the entry 30 March 2008;


	b.  block 12b (Separation Date This Period) contains the entry 28 February 2009;

	c.  block 12c (Net Active Service This Period) contains the entry 11 months and 1 day;

	d.  block 12d (Total Prior Active Service) contains the entry 3 years,
9 months, and 20 days;

	e.  block 12e (Total Prior Inactive Service) contains the entry 29 years,
4 months, and 23 days; 

	f.  18 (Remarks) shows the applicant was “ordered to active duty in support of Operation Enduring Freedom.”

11.  The applicant's ARPC Form 249-E and Retirement Information sheet show that during the period 21 May 2007 through 28 February 2009 the applicant served continuously in an ADT status.

12.  A review of the applicant's Defense Finance and Accounting Service pay record shows he was on active duty continuously from 21 May 2007 through 
28 February 2009.  It does not show receipt of hazardous duty, imminent danger, or foreign duty pay.

13.  Army Regulation 635-5 (Separation Documents) provides that a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service.  It also provides that:

	a.  the entry in block 12a will show the beginning date of the continuous period of AD for which a DD Form 214 was not previously issued; 

	b.  the entry in block 12c is computed by subtracting item 12a from 12b; and 

	c.  a DD Form 214 will be prepared for Reserve component (RC) Soldiers who have completed 90 days or more of continuous AD, ADT, full-time National Guard Duty, ADSW, or temporary tours of active duty (TTAD). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in a continuous active duty status from 21 May 2007 through 28 February 2009.

2.  The applicant entered ADT on 21 May 2007 and this period of ADT was extended to 1 October 2007 at which point he was ordered to ADSW.  His ADSW ended on 29 November 2007 at which point he was again ordered to ADT for 60 days.  This ADT period was extended to a period of 122 days.  Prior to the expiration of this period of ADT his unit was mobilized effective 30 March 2008.

3.  The 28 February 2009 DD Form 214 lists only his period on active duty based on the mobilization period from 30 March 2008 through 28 February 2009.

4.  Regulations require the issuance of a DD Form 214 for all periods of AD, ADT, or ADSW in excess of 90 days.  There is no indication that a DD Form 214 was issued to reflect the applicant's periods of ADT or ADSW commencing on 21 May 2007.  

5.  Although the type of service the applicant performed changed four times during the period in question it was still active duty, he had no break in service and no DD Form 214 was issued for any part of this service except for his period of AD due to unit mobilization.

6.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show he continuously served in an active duty status from 21 May 2007 through 28 February 2009:

	a.  block 12a should show 2007 05 21; and

	b.  block 12c should show 0001 09 08. 

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all 

Department of the Army records of the individual concerned be corrected by amending his DD Form 214 ending on 28 February 2009 to show:

	a.  in block 12a “2007 05 21”; and

	b.  in block 12c “0001 09 08.”




      _______ _   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)                                         AR20090006760



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ABCMR Record of Proceedings (cont)                                         AR20090006760



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