IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090008039 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 March 2009, to show his active duty service while on Annual Training (AT) orders and Active Duty Special Work (ADSW) orders. 

2.  The applicant states that prior to entering active duty on 6 July 2008, he worked on ADSW orders for about 8 months, from 26 October 2007 to 30 June 2008, and that this period of active service is not reflected on his DD Form 214 that he received when he was released from active duty on 12 March 2009.  He adds that he will not get credit for this active duty training when applying for unemployment compensation.

3.  The applicant provides a copy of his Statement of Wages and Potential Benefit Amounts, dated 22 March 2009; a copy of his Leave and Earnings Statement, dated 1 December 2008; a copy of his DD Form 214, dated 12 March 2009; a copy of Orders 08-149-0037, issued by the Regional Support Group-West, on 28 May 2008; and copies of Order Number 004169, 004175, 010246, 015829, 029627, 041856, and 058783, issued by the 88th Regional Readiness Command (RRC), Fort Snelling, MN, on 23 October 2007, 29 November 2007, 4 January 2008, 25 February 2008, 2 April 2008, and 20 May 2008, respectively, in support of his request.  




CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant’s records show he was appointed as a second lieutenant in the Texas Army National Guard (TXARNG) and executed an oath of office on 8 August 1993.  He subsequently entered active duty for training (ADT) on 4 January 1993 and completed the Armor Officer Basic Course.  He was released from ADT to the control of his ARNG unit on 30 April 1993.  He completed 3 months and 27 days of creditable active service. 

2.  The applicant’s records also show he served in various staff and leadership positions and was promoted to first lieutenant on 19 September 1995.  

3.  On 1 August 2002, the applicant was ordered to active duty in support of Operation Noble Eagle.  He was honorably released from active duty to the control of his ARNG unit on 31 July 2003.  The DD Form 214 he was issued shows he completed 1 year of creditable active service during this period.

4.  On 28 September 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq from 29 December 2004 to 10 December 2005.  He was extended on active duty for the purpose of Contingency Operations-Temporary Tour of Active Duty, was promoted to captain on 20 June 2006, and was again honorably released from active duty to the control of his ARNG unit on 9 August 2007.  The DD Form 214 he was issued shows he completed 2 years, 10 months, and 12 days of active service during this period.  

5.  It appears the applicant was transferred from the ARNG to the U.S. Army Reserve (USAR) around August 2007; however, the circumstances of this transfer are not available for review with this case.  

6.  The applicant’s records also show that from October 2007 to June 2008, the 88th RRC, Fort Snelling, MN, issued the applicant several orders for AT and/or ADSW as indicated below.  In each case, the self-terminating orders stipulated that upon completion of the period of ADSW and/or AT, he would return to the place where he entered ADSW and/or AT and would be relieved from such duty: 

	a.  Orders Number 004169, dated 23 October 2007, show he was ordered to AT for a period of 15 days, effective 26 October 2007.  The orders do not show a certification of the exact dates of service performed, but it is presumed that he completed his AT through 10 November 2007; 

	b.  Orders Number 004175, also dated 23 October 2007, show he was ordered to AT for a period of 15 days, effective 9 November 2007.  The orders do not show a certification of the exact dates of service performed, but it is presumed that he completed his AT through 24 November 2007;

	c.  Orders Number 010246, dated 29 November 2007, show he was ordered to ADSW for a period of 44 days, effective 29 November 2007.  The orders show a certification of service performed from 29 November 2007 to 13 January 2007; 

	d.  Orders Number 015829, dated 4 January 2008, show he was ordered to ADSW for a period of 44 days, effective 13 January 2008.  The orders show a certification of service performed from 13 January 2008 to 25 February 2008;

	e.  Orders Number 029627, dated 25 February 2008, show he was ordered  to ADSW for a period of 44 days, effective 27 February 2008 to 11 April 2008.  The orders show a certification of service performed from 27 February 2008 to  10 April 2008; 

	f.  Orders Number 041856, dated 2 April 2008, show he was ordered to ADSW for a period of 44 days, effective 12 April 2008.  The orders do not show a certification of the exact dates of service performed, but it is presumed that he completed his AT through 26 May 2008; and

	g.  Orders Number 058783, dated 20 May 2008, show he was ordered to ADSW for a period of 3 days, effective 27 May 2008 to 29 May 2008.  The orders show a certification of service performed from 27 May 2008 to 29 May 2008. 

7.  On 6 July 2008, the applicant was ordered to active duty for a period of 365 days in support of Operation Enduring Freedom.  He was honorably released from active duty to the control of his U.S. Army Reserve (USAR) unit on 12 March 2009.  The DD Form 214 he was issued shows he completed 8 months and 7 days of active service during this period and the following entries: 

	a.  Item 12a (Date Entered Active Duty (AD) This Period) shows "2008  07  06";

	b.  Item 12b (Separation Date This Period) shows "2009  03  12"; 

	c.  Item 12c (Net Active Service This Period) shows "0000  08  07"; and

	d.  Item 12d (Total Prior Active Service) shows "0004  05  17."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  Except as provided, the DD Form 214 is prepared for Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service; and for RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty.  Additionally, the DD Form 214 is issued for ARNG and USAR Soldiers mobilized under sections 12301(a), 12302, or 12304, Title 10, U.S. Code (USC), and ARNG Soldiers called into Federal service under chapter 15, or section 12406, Title 10, USC, regardless of length of mobilization, when transitioned from active duty.  

9.  The DD Form 214 will not be prepared for the following categories of Soldiers: Soldiers whose active duty or FTNGD tour ends because of death or other reasons specified in Army Regulation 680-29; enlisted Soldiers discharged for immediate reenlistment in the RA; removed from the Temporary Disability Retired List; found disqualified on reporting for active duty and who do not enter actively upon duties per orders; on active duty terminating their RC status to integrate in the RA; AGR and other RC Soldiers who are entering on extended active duty for a specific period of time and are retained beyond their initial contractual release date without a break in active duty; and/or separated from active duty and were furnished a prior edition of DD Form 214, unless that form must be reissued for some other reason.  A State Adjutant General, or authorized agent, may issue a DD Form 214 to ARNG Soldiers released after 90 days or more of continuous ADT, or ARNG Soldiers released after 90 days or more of continuous FTNGD under 32 USC 101(19).  The authenticating official must be Federally recognized and authorized to sign.  In these cases, the Office of the State Adjutant General will be considered the equivalent of an Active Army transition center (TC).

10.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Chapter 2 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.  A breakdown of entries in item 12 is as follows:

	a.  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. 
	b.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.

	c.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and non-creditable time after expiration of term of service, if any, are deducted and such time will be identified in item18 (Remarks).

	d.  Item 12d is obtained from previously issued DD Forms 214, shows the total amount of prior active service, less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was ordered to active duty in support of Operation Iraqi Freedom on 28 September 2004 and was honorably released from active duty to the control of his ARNG unit on 9 August 2007.  The DD Form 214 he was issued shows he completed 2 years, 10 months, and 12 days of active service during this period.  

2.  Subsequent to his release from active duty, the applicant was ordered to two periods of AT for a period of 15 days each, from 26 October 2007 through 10 November 2007 and from 10 November 2007 through 24 November 2007.  Since this period of active duty is less than 90 days, there was no requirement to issue the applicant a separate DD Form 214.  His Chronological Statement of Retirement Points should capture this period of active duty.  

3.  Subsequent to completion of AT, the applicant was issued a series of separate, self-terminating orders, ordering him to ADSW for a specific number of days, none exceeding 90 days, and with a stipulation that upon completion of each period of ADSW, he would return to the place where he entered ADSW and would be relieved from such duty.  In each period of ADSW, he entered active duty for the required number of days and was released from active duty at the conclusion of his ADSW.  He completed his last segment of ADSW on 20 May 2008.  None of the applicant's periods of ADSW met the 90-day requirement to warrant the issuance of a DD Form 214.  His Chronological Statement of Retirement Points should capture these periods of active duty.

4.  Weeks after concluding the last segment of his ADSW service, the applicant was again ordered to active duty in support of Operation Enduring Freedom on 6 July 2008 and was honorably released from active duty to the control of his USAR unit on 12 March 2009.  The DD Form 214 he was issued shows he completed 8 months and 7 days of active service during this period.  

5.  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.  The applicant’s DD Form 214, dated 12 March 2009, correctly reflects his record of service and does not contain errors.  Since regulatory guidance is to complete item 12d of the DD Form 214 using information from previously-issued DD Forms 214, and the applicant did not receive a DD Form 214 for his AT/ADSW time, item 12d of his DD Form 214 for the period ending 12 March 2009 appears to be correct.

6. The ABCMR does not correct records for the purpose of establishing entitlements to other programs or benefits.  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, the applicant has provided insufficient evidence to grant him 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)                                         AR20090008039



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ABCMR Record of Proceedings (cont)                                         AR20090008039



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