IN THE CASE OF:	  

		BOARD DATE:	  18 February 2010

		DOCKET NUMBER:  AR20090014035 


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, correction of Item 12c (Net Service This Period) and Item 12e (Total Prior Inactive Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 June 2009.

2.  The applicant states, in effect, that Items 12c and 12e should show she completed 27 and not 24 years of net active service.  She also states that she entered in the U.S. Army Reserve (USAR) on 24 June 1984 and was assigned to the Active Guard Reserve (AGR) in June 2005.  She retired from active duty on 16 June 2009. 

3.  In support of her application, the applicant provides copies of her assignment and reassignment active duty orders, amended active duty orders, REFRAD (release from active duty) orders, her Chronological Statement of Retirement Points, and her DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show she enlisted in the USAR in pay grade
E-1 on 24 June 1982, for 6 years.  She was ordered to initial active duty for training (IADT) and entered active duty on 19 October 1982.  She completed 

training and was assigned military occupational specialty 71L (administrative specialist).

2.  The applicant's records contain a DD Form 214 for the period ending 20 December 1983 that shows she was released from IADT on that date and transferred to a Reserve unit.  Item 12c of this DD Form 214 shows she was credited with completing 2 months and 2 days of net active service this period.  Item 12e shows she was credited with 1 year, 2 months, and 16 days of total prior inactive service.

3.  The applicant reenlisted in the USAR on 19 February 1994 for 6 years and on 17 June 2003 for an indefinite period.

4.  On 24 May 2005, the applicant was issued orders ordering her to active duty in an AGR status for 3 years and she entered active duty on 4 June 2005.  On 20 March 2008, her active duty commitment was amended to 4 years and 13 days, with a REFRAD of 16 June 2009.

5.  The applicant’s Chronological Statement of Retirement Points, dated 23 February 2009, shows she was credited with 25 qualifying years for retirement as of her retirement year ending 23 June 2008.  The statement also shows she served continuously in the USAR not on active duty from 24 June 1982 to 3 June 2005, a period of 22 years, 11 months, and 11 days. 

6.  The applicant was REFRAD on 16 June 2009 at the completion of the required period of active service and transferred to the USAR Control Group (Reinforcement).  Entries on her DD Form 214, Item 12c, shows she was credited with completing 4 years and 13 days of net active service.  Item 12e shows she was credited with completing 22 years, 9 months, and 8 days of total prior inactive service.

7.  The applicant was transferred to the Retired Reserve on 18 June 2003.  Her Chronological Statement of Retirement Points, dated 20 October 2009, show she was credited with completing 25 years, 11 months, and 26 days of qualifying service for retirement on 19 June 2009.  

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or REFRAD.  Items 12c will contain the net active service time for the period covered by the DD Form 214 between the dates entered in Items 12a (Date Entered AD This Period) and 12b (Separation Date This Period).  Item 12e will contain the total amount of prior inactive service (i.e., USAR and Army National Guard service) less lost time.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the DD Form 214 she was issued on 16 December 2009 should reflect she served a total of 27 years of net active service in the USAR and on active duty has been noted and found not to have merit. 

2.  The evidence shows the applicant enlisted in the USAR, not on active duty, on 24 June 1982 and served until 18 October 1983, a period of 1 year, 3 months, and 25 days.  She entered on IADT on 19 October 1983, completed training, and was released on 20 December 1983.  She was issued a DD Form 214 crediting her with 2 months and 2 days of net active service this period and 1 year, 2 months, and 16 days of total prior inactive service.  She served continuously in the USAR, not on active duty, from 21 December 1983 to 3 June 2005, a period of 21 years, 5 months, and 14 days. 

3.  The evidence also shows the applicant again entered active duty on 4 June 2005 and served continuously until she was REFRAD on 16 June 2009.  She was issued a DD Form 214 appropriately crediting her with 4 years and 13 days net active service this period.  Her period of service in the USAR from 24 June 1982 to 18 October 1983 and from 21 December 1983 to 3 June 2005 equals
22 years, 9 months, and 9 days, including the ending date.  Item 12e of this DD Form 214 shows a credit of 22 years, 9 months, and 8 days of total prior inactive service, not including the ending date.  With the inclusion of the end date, she would have been credited with 22 years, 9 months, and 9 days of net active service.

4.  The DD Form 214 for the period ending 16 June 2009 properly shows the applicant’s net active service and total prior inactive service credit in Items 12c and 12e.  The evidence of record does not show and the applicant has not shown that she served in USAR and on active duty during any other periods.  Therefore, based on the foregoing, the applicant is not entitled to correction of Item 12c and 12e of her DD Form 214 for the period ending 16 December 2009.

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)                                         AR20090014035



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ABCMR Record of Proceedings (cont)                                         AR20090014035



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