IN THE CASE OF:	 

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090011776 


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 following items on her 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected:

	a.  Item 12c (Net Active Service this Period) should read 2 years, 8 months, and 19 days vice 1 year, 4 months, and 20 days;

	b.  Item 12d (Total Prior Active Service) should read 6 years, 8 months, and 13 days vice 1 year, 3 months, and 29 days;

	c.  Item 12e (Total Prior Inactive Service) should read 17 years, 4 months, and 26 days vice no service;

	d.  Item 26 (Separation Code) should read MBK vice LBK.

2.  The applicant states incorrect information was transferred from her prior DD Forms 214.

3.  The applicant provides a statement from the Walter Reed Army Medical Center Transition Center asking the above corrections be made.  The applicant also provides copies of her U.S. Army Reserve Personnel Command Statement of Retirement Points and copies of her previous DD Forms 214.



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Delayed Entry Program (DEP) on 12 February 1982 and was released from the program on 8 March 1982 after 27 days in order to enlist in the Regular Army on 9 March 1982.

2.  The applicant served on active duty from 9 March 1982 through 12 September 1986, when she was discharged, a period of 4 years, 6 months, and 4 days.

3.  On 27 October 1986 the applicant returned to military service with the U.S. Army Reserve (USAR) and served continuously in that capacity.

4.  Between 4 January 1992 and 10 December 1992 the applicant was on active duty for a period of 11 months and 7 days for the purpose of attending training.  She was issued a DD Form 214 for this period of active duty.

5.  On 5 May 2006 the applicant was ordered to active duty in support of Operation Enduring Freedom.  Through a series of retention orders issued by the U.S. Army Human Resources Command, the applicant was retained on active duty until 23 January 2009.  She was released from active duty on 23 January 2009 after 2 years, 8 months and 19 days and issued a DD Form 214.  It is this DD Form 214 the applicant is asking to be corrected.  Her 2009 DD Form 214 reflects the following:

* item 12c – 1 year, 4 months, and 20 days
* item 12d – 1 year, 3 months, and 29 days
* item 12e – 0 years, 0 months, and 0 days
* item 25 (Separation Authority) – Army Regulation 635-200, chapter 4
* item 26 – LBK
* item 28 (Narrative Reason for Separation) – completion of required active service

6.  References:

	a.  Army Regulation 635-5 (Separation Documents) states the following:

		(1)  Item 12c will reflect the amount of service this period, computed by subtracting item 12a from item 12b.

		(2)  Item 12d will reflect active duty time from previously issued DD Forms 214.

		(3)  Item 12e will reflect the total amount of prior inactive service, less lost time if any, from previously issued DD Forms 214 and Enlisted or Officer Record Briefs.  It states time in the DEP that began before 1 January 1985 is creditable service for pay purposes and will be entered in this block.

	b.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that separation code MBK applies to Soldiers who are voluntarily released from active duty, including USAR Soldiers who are released from active duty upon completion of required active service or period for which ordered to active duty.  Separation code LBK applies to Regular Army Soldiers who are ineligible for, barred from, or otherwise denied reenlistment that are separated upon completion of enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant served on active duty between 5 May 2006 and 23 January 2009, a period of 2 years, 8 months, and 19 days.  Item 12c of her 2009 DD Form 214 incorrectly reflects her period of active duty between 2006 and 2009 as only 1 year, 4 months, and 20 days.

2.  While the applicant states that item 12d should reflect 6 years, 8 months, and 13 days and that item 12e should reflect 17 years, 4 months, and 26 days, she provides no explanation on how those periods of service were calculated.

3.  The applicant's previously-issued DD Forms 214, however, confirm she had the following periods of active and inactive service prior to entering active duty in May 2006:

	a.  Total prior active service of 5 years, 5 months, and 11 days based on the following periods of active service:

* 9 March 1982 to 12 September 1986 – 4 years, 6 months, and 4 days – RA
* 4 January 1992 to 10 December 1992 – 11 months and 7 days – USAR active duty for training

	b.  Total inactive service of 18 years, 6 months, and 28 days based on the following periods of inactive service:

* 12 February 1982 to 8 March 1982 – 27 days
* 27 October 1986 to 3 January 1992 – 5 years, 2 months, and 7 days
* 11 December 1992 to 4 May 2006 – 13 years, 4 months, and 24 days

4.  Based on the foregoing the following items on the applicant's 2009 DD Form 214 should be corrected to show:

* item 21c – 2 years, 8 months, 19 days vice 1 year, 4 months, 20 days
* item 12d – 5 years, 5 months, 11 days vice 1 year, 3 months, 29 days
* item 12e – 18 years, 6 months, 28 days vice 0 years, 0 months, 0 days

5.  The applicant was a USAR Soldier who was released from active duty upon completion of the period for which ordered to active duty.  As such, separation code MBK is appropriate and not LBK as currently reflected on her DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her 2009 DD Form 214 to show in:

* item 21c – 2 years, 8 months, and 19 days vice 1 year, 4 months, and 20 days
* item 12d – 5 years, 5 months, and 11 days vice 1 year, 3 months, and 29 days
* item 12e – 18 years, 6 months, and 28 days vice 0 years, 0 months, and 0 days
* item 26 – MBK vice LBK

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to correcting her 2009 DD Form 214 in item 21d to show 6 years, 8 months, and 13 days and in item 12e to show 17 years, 4 months, and 26 days.



      ___________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)                                         AR20090011776



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ABCMR Record of Proceedings (cont)                                         AR20090011776



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