BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090017902 


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 amendment of her DD Form 214 (Certificate of Release or Discharge from Active Duty) in item 6 (Reserve Obligation Termination Date) to show the date "20110929" [29 September 2011] and in item 18 (Remarks) to show she served in the Delayed Entry Program (DEP) and her deployment.

2.  The applicant states that item 6 needs to reflect her DEP time, so the date should actually be 29 September 2011, because she served 9 months and 16 days in the DEP.  She also states that item 18 states "nothing follows" and her DD Form 214 is supposed to be a summary of her military service or at least have her deployment dates.  Her husband's DD Form 214 has a summary of his military service.

3.  In support of her application, the applicant provides copies of DEP documentation, her deployment orders, a memorandum for record, a DA Form 31 (Request and Authority for Leave), her DD Form 214, and her husband's DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she enlisted in the U.S. Army Reserve (USAR) DEP in pay grade E-1 on 26 September 2003 for 8 years and was released from the DEP on 13 July 2004.  She enlisted in the Regular Army (RA) in pay grade E-2 on 14 July 2004 for 4 years.  She completed training and was awarded military occupational specialty 68W (Health Care Specialist).
2.  On 11 October 2005, she was issued orders for a temporary change of station for deployment in support of Operation Iraqi Freedom for a period of 365 days with an effective date of 25 November 2005.

3.  A memorandum for record, dated 20 September 2006, verified that she completed Operation Iraqi Freedom out-processing.

4.  On 1 July 2008, she was issued orders for her release from active duty with a proposed date of 14 July 2008.  The orders show she had incurred a terminal date of Reserve obligation ending on 13 July 2012.

5.  The applicant was honorably released from active duty in pay grade E-4 on 13 July 2008 and transferred to the USAR Control Group (Reinforcement).  Item 6 of her DD Form 214 shows the date "20120713."  Item 18 of her DD Form 214 does not contain an entry for her DEP time or any country and dates of deployment.

6.  A staff member of the Defense Finance and Accounting Service, Indianapolis, Indiana, verified that the applicant served in Kuwait and received hostile fire pay from 27 November 2005 to 1 October 2006.

7.  Army Regulation 635-5 (Separation Documents) specifies that a DD Form 214 would be prepared for individuals who are retired, discharged, or released from active duty.  The Reserve obligation termination date is the completion date of the statutory military service obligation (MSO) incurred by a Soldier on initial enlistment and will be shown in item 6.  DOD policy required a Soldier with no previous military service who enlisted on or after 1 June 1984 to serve a period of 8 years.  The MSO starts on the date of initial enlistment in the RA, Army National Guard, or the USAR, to include the DEP.  DEP time is credited in computing this date.  DEP time begun on or after 1 January 1985 will not be entered in item 12e (Total Prior Inactive Service); however, it is creditable service for completing the statutory MSO and will be entered in item 18.

8.  Army Regulation 635-5 also specifies that item 18 will contain the mandatory entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE."  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the following statement would also be entered in item 18, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."  For a Soldier who has DEP time, the entry "BLOCK 6 - PERIOD OF DEP (inclusive periods of DEP time)" will also be entered in item 18. 


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the DEP on 26 September 2003 for a period of 8 years and incurred an MSO until 25 September 2011.  She was released from the DEP on 13 July 2004.  She enlisted in the RA on 14 July 2004.  It appears her MSO (8 years) was incorrectly calculated from her date of enlistment in the RA and the date of 13 July 2012 was entered in item 6 of DD Form 214.  In accordance with regulatory guidance, the Reserve obligation termination date is the completion date of the statutory MSO incurred by a Soldier on initial enlistment, to include the DEP.  Therefore, item 6 of her DD Form 214 should be corrected to reflect the date "20110925" and item 18 should be corrected to show the entry, "BLOCK 6 - PERIOD OF DEP:  20030926-20040713."

2.  The evidence of record shows the applicant was deployed to Kuwait from 27 November 2005 to 1 October 2006.  Therefore, based on her receipt of combat pay, the entry, "SERVICE IN KUWAIT/IRAQ FROM 20051127-20061001" should be added to item 18 of her DD Form 214.

3.  In accordance with regulatory guidance, the mandatory entry, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE," should also be added to item 18 of her DD Form 214.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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:

	a.  amending item 6 of the applicant's DD Form 214 to show the date "20110925";

	b.  amending item 18 of her DD Form 214 to show the entries:  "BLOCK 6 - PERIOD OF DEP:  20030926-20040713," "SERVICE IN KUWAIT/IRAQ FROM 20051127-20061001," and "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE"; and

	c.  providing her a corrected DD Form 214 that includes these corrections.

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 amending item 6 of the applicant's DD Form 214 to show the date "20110929."



      ___________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)                                         AR20090017902



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ABCMR Record of Proceedings (cont)                                         AR20090017902



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