IN THE CASE OF:	  

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090011525 


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 the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) that captures her period of active duty from 7 January 2008 to 18 January 2008.  She also requests she be reissued an Honorable Discharge Certificate that shows her correct name and rank.

2.  The applicant states that she was issued a DD Form 220 (Active Duty Report) that captured her period of active duty while in basic combat training (BCT) from 2 June 2003 to 3 August 2003.  However, she also completed advanced individual training from 6 January 2008 to 18 January 2008, but was not issued a DD Form 214 for this period.  By regulation, Reserve Component (RC) Soldiers completing initial active duty for training that results in the award of a military occupational specialty (MOS), even when the active duty period is less than 90 days, will be issued a DD Form 214.

3.  The applicant provides a copy of her DA Form 2-1 (Personnel Qualification Record); a copy of her DD Form 220, dated 11 August 2003; a copy of Order Number 006257, issued by Headquarters, Army Reserve Medical Command, Pinellas Park, FL, on 5 December 2007; a copy of Orders 16-8, issued by the San Juan Military Entrance Processing Station (MEPS), San Juan, Puerto Rico (PR), on 28 January 2008; a copy of a diploma, dated 18 January 2008, showing completion of the Patient Administration Specialist Course; and a copy of her DA Form 1059 (Service School Academic Evaluation Report), dated 16 January 2008, in support of her request.

4.  On 27 November 2009, the applicant submitted a copy of her Honorable Discharge Certificate, dated 30 August 2008; a copy of a DA Form 4187 (Personnel Action), dated 30 August 2008, that shows she was appointed as a corporal (CPL); a copy of a letter, dated 23 October 2009, from the U.S. Army Human Resources Command (USAHRC)-Alexandria, VA; and a copy of Orders 08-213-00137, issued by Headquarters, Army Reserve Medical Command, Pinellas Park, FL, on 31 July 2008.

5.  On 1 December 2009, the applicant submitted a copy of a memorandum, dated 27 January 2003, showing acceptance into the 369th Combat Support Hospital and a copy of her DA Form 1059, dated 16 January 2008.  She also resubmitted a copy of her diploma, dated 18 January 2008, showing completion of the Patient Administration Specialist Course.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the U.S. Army Reserve (USAR) in the rank/grade of private first class (PFC)/E-3 for a period of 8 years on 27 January 2003.  Item 1 (Name-Last, First, Middle) of her DD Form 4 (Enlistment/Reenlistment Document) shows her full name as "C------,V-------- 
J--------."  However, she authenticated this form by placing her signature in the appropriate block using her name as "J-------- C------- V--------."

2.  Item 2 (Name-Last, First, Middle) of her DD Form 1966/1 (Record of Military Processing) listed her last name as "C-----V--------- (one word) and her first name as "J--------."  Additionally, item 29b (Typed or Printed name (Last, First, Middle Initial)) of her DD Form 1966/3 shows her last name as "C-------," her first name as "J--------" and her middle initial as "N."

3.  She enlisted under the Standard Training Program in MOS 09R (Simultaneous Membership Program (SMP)).  The SMP is a program that enables Reserve Officers' Training Corps (ROTC) cadets to participate in Army National Guard (ARNG) and USAR unit paid drills while enrolled in the ROTC Advanced Course.  She was assigned to the 369th Combat Support Hospital.

4.  On 28 January 2003, the San Juan, PR, MEPS, issued Orders 16-8 ordering the applicant to initial active duty for training (IADT) for approximately 11 weeks for BCT under the alternate (split) training program.  The standard name line listed on the orders shows her last name as "C-------" and her first name as
"J--------." 


5.  She subsequently entered IADT on 2 June 2003, completed BCT at Fort Leonard Wood, MO, and she was released from IADT on 14 August 2003 to her USAR unit.  She was issued a DD Form 220 that captured this period of active duty.  This form shows her last name as "C-------" and her first name as "J--------."

6.  Item 1 (Name-Last, First, Middle Initial) of her DA Form 2-1, created upon her entry into the USAR and reviewed by her at a later date shows her last name as "C------ - V--------" and her first name as
"J--------."

7.  The applicant's records further show that while assigned to the 369th Combat Support Hospital from 2003 to 2008, she was enrolled at the University of Puerto Rico for a Bachelor of Political Science degree.  However, her records show she did not complete her degree.

8.  The applicant's records show that she was retained in the USAR in an enlisted status and she was assigned MOS 68G (Patient Administration Specialist).  Additionally, her records also show she completed Phase I of MOS 68G on an unknown date in 2004.

9.  The applicant's records further show she was promoted to specialist (SPC)/
E-4 on 3 July 2007.

10.  On 5 December 2007, the Army Reserve Medical Command, Pinellas Park, FL, published Order Number 006257 ordering the applicant to active duty training school (ADTS) for a period of 13 days.  The standard name line on the orders listed her full name as "C------ V-------- J-------."

11.  She subsequently entered active duty on 6 January 2008, completed the RC Patient Administration Specialist Course at Fort Sam Houston, TX, from 7 January 2008 to 18 January 2008, and she was released from ADTS to her USAR status on that date.  The DA Form 1059 she was issued listed her full name as "V------- - C-------, J--------."

12.  On 31 July 2008, Headquarters, Army Reserve Medical Command, Pinellas Park, FL, published Orders 08-213-00137, directing the applicant's honorable discharge from the USAR.  The standard name line on the orders listed her full name as "C------ V-------- J-------."

13.  On 30 August 2008, the Commander, 369th Combat Support Hospital, published a DA Form 4187, announcing the applicant's lateral appointment to CPL, effective 30 August 2008.  This form shows her last name as "C------" and her first name as "J--------."
14.  On or about 30 August 2008, USAHRC-St Louis, MO, issued the applicant an Honorable Discharge Certificate that listed her full name and rank. This certificate shows her rank as that of SPC and her full name as "V-------- Juliana C-------."

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her 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.  It provides a brief, clearcut 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 in paragraph
2-1b, a DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration term of service (ETS)), physical disability separation, or punitive discharge under the Uniform Code of Military Justice.

	b.  RC Soldiers completing 90 days or more of continuous active duty for training (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, except as specified in subparagraphs (3) through (5) below.

	c.  RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty. 

	d.  Army National Guard (ARNG) and USAR Soldiers mobilized under sections 12301(a), 12302, or 12304, title 10, U.S. Code and ARNG Soldiers called into Federal service under chapter 15, or section 12406, title 10, U.S. Code, regardless of 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 (Active Duty Report).

	e.  RC Soldiers completing initial ADT that results in the award of an MOS, even when the active duty period was less than 90 days.  This includes completion of advanced individual training (AIT) under the ARNGUS Alternate Training Program or USAR Split Training Program.

16.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administration Separations), Glossary, Section II, states a member of a Reserve Component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component.  Entry-level status of such a member of a Reserve Component terminates 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

17.  The USAHRC Enlisted MOS Structure Chart provides that MOS 68G is open to Active Army CPL and/or SPC non-promotable and below, ARNG and USAR staff sergeant (SSG) and below, and Department of Defense (DOD) civilians.  This MOS provides the knowledge and skills necessary to perform Patient Administration Specialist duties at fixed medical treatment facilities and field environments.  Instruction is presented in various major areas.  It includes rigorous and relevant training on Warrior Ethos tasks that integrates tactical and 68G technical skills, as part of Army-wide AIT sustainment training to ensure survivability in the contemporary operating environment.  ARNG and USAR Soldiers must complete both phase 1 and 2 to be awarded the MOS.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on 27 January 2003 for ROTC/SMP and MOS 09R.  She completed BCT at Fort Leonard Wood from 2 June 2003 to 14 August 2003 and she was issued a
DD Form 220 that captured this period of active service.

2.  The evidence of record further shows that the applicant entered ADT on 6 January 2008, she completed MOS training from 7 January 2008 through 18 January 2008, and she was released from ADT on 18 January 2008.  She completed 13 days of active service during this period.  Since she was ordered to ADT under a program that splits training into two or more separate periods of active duty, and although her ADT lasted only 13 days, she should have been issued a DD Form 214 for the period from 6 January 2008 to 18 January 2008. Therefore, she is entitled to the issuance of an entry-level status DD Form 214.

3.  The evidence of record further shows that the applicant was laterally appointed to CPL on 30 August 2008.  It appears that her Honorable Discharge Certificate may have been issued prior to her appointment and contained administrative errors with respect to her name and rank as follows:
	a.  The applicant used the name as "J--------" as her first name and the name "C------- - V--------" as her last name.  These names appear predominantly on her military documents.  Therefore, she should be entitled to the reissuance of an Honorable Discharge Certificate that shows this name.

	b.  The applicant was appointed to CPL on 30 August 2008.  She held that rank on the date of her discharge from the USAR.  She should therefore be entitled to list her rank on the reissued certificate as that of a CPL.

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:

	a.  issuing the applicant a DD Form 214 that captures her period of ADT from 6 January 2008 through 19 January 2008 with an entry-level status characterization of service; and 

	b.  reissuing the applicant an Honorable Discharge Certificate that shows her correct name as "J-------- C------- - V--------" and her rank as Corporal.



      ____________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)                                         AR20090011525



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ABCMR Record of Proceedings (cont)                                         AR20090011525



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