IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090017725
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her recall to active duty periods of service.
2. The applicant states, in effect, that her DD Form 214 does not reflect the periods of active duty service for her mobilization and annual training upon assignment to a U.S. Army Reserve (USAR) unit after separation from the Regular Army.
3. The applicant provides two documents as follows:
a. Order Number 026553, issued by 90th Regional Readiness Command, North Little Rock, AR, dated 15 February 2008, ordering her to active duty training (ADT) effective 19 February 2008; and
b. Order Number 060157, dated 4 June 2008, issued by the same headquarters, ordering her to annual training (AT) for 29 days effective 16 June 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 30 September 1997 and served continuously until she was honorably discharge on 21 December 2007. She
received a DD Form 214 for this period of service that confirms she completed 10 years, 2 months, and 22 days of active service this period.
2. The DD Form 214 also shows she was transferred to the 398th Combat Service Support Battalion (CSSB), USAR, located in Rockville, MD.
3. On 19 February 2008, the applicant was ordered to ADT to provide logistical support to the 398th CSSB, her newly assigned USAR unit. Order Number 026553 shows she was ordered to ADT for a period of 118 duty days with a projected end date of 15 June 2008.
4. Immediately upon the conclusion of her ADT, the applicant received AT orders for a period of 29 days in support of Operation Iraqi Freedom. Order Number 060157 ordered her to report on 16 June 2008 with duty at Fort Dix, NJ.
5. The applicant's ARPC Form 249-E (Chronological Statement of Retirement Points), dated 8 April 2010, show she served on ADT status from 19 February 2008 to 15 June 2008 for a total of 118 days. Then, on 16 June 2008, she served in an AT status for 29 days to 14 July 2008.
6. Army Regulation 135-200 (Active Duty for Missions, Projects, and Training for Reserve Component Soldiers) prescribes, in pertinent part, the policies and procedures for ordering Reserve Component Soldiers to annual training. Title 10, U.S. Code, section 10147, requires Ready Reserve Soldiers to perform training each year. USAR troop program unit (TPU) Soldiers are required to complete 14 days of annual training each year.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. A DD Form 214 will be prepared for each Soldier as indicated:
a. Active Army Soldiers on termination from active duty;
b. Reserve Component Soldiers completing 90 days or more of continuous ADT, active duty for special work (ADSW), temporary tours of active duty (TTAD) or Active Guard Reserve (AGR) service.
c. Reserve Component Soldiers mobilized under Title 10, U.S. Code regardless of the length of mobilization; and
d. Reserve Component Soldiers completing initial ADT resulting in award of a military occupational specialty even if period of ADT is less than 90 days
DISCUSSION AND CONCLUSIONS:
1. Per regulatory guidance, the applicant should have received a DD Form 214 upon the conclusion of her 118-day ADT tour of active duty. Therefore, a DD Form 214 must be prepared for her period of ADT from 19 February 2008 to 15 June 2008.
2. While the applicant's ARPC Form 249-E shows she performed AT for 29 days immediately following her 118 ADT, the orders were published under the provisions of her attendance in an annual training status. Therefore, she is not entitled to a DD Form 214 to show these 29 days of ADT from 16 June 2008 to 14 July 2008.
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 issuing her a DD Form 214 for the period of ADT from 19 February 2008 to 15 June 2008, showing honorable service.
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 issuing a DD Form 214 for the period of AT from 16 June 2008 to 14 July 2008.
__________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) AR20090017725
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ABCMR Record of Proceedings (cont) AR20090017725
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