IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018316
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 separation date on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 August 2008 be corrected to read 18 August 2008 instead of 31 August 2008.
2. The applicant states the ending date for her period of temporary duty (TDY) from her original orders was entered on her DD Form 214 instead of the amended ending date on the amended orders.
3. The applicant provides copies of her orders to active duty, the amendment to her order to active duty, and her DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned a second lieutenant in the Hawaii Army National Guard (HIARNG) on 15 August 1999. She had previously completed
7 years, 3 months, and 18 days of enlisted service in the HIARNG.
2. State of Hawaii, Office of the Adjutant General, Honolulu, HI Orders 052-187, dated 21 February 2008, ordered the applicant to active duty for special work for the period from 12 May 2008 to 31 August 2008 under Title 32 United States Code (USC) Section 505.
3. State of Hawaii, Office of the Adjutant General, Honolulu, HI Orders 149-208, dated 28 May 2008, amended Orders 052-187 by changing the period of active duty to read 12 May 2008 to 18 August 2008.
4. State of Hawaii, Office of the Adjutant General, Honolulu, HI Orders 194-204, dated 12 July 2008, ordered the applicant to active duty, effective 19 August 2008, for partial mobilization in support of Operation Iraqi Freedom for a period not to exceed 400 days. The authority for these orders was Title 10 USC
Section 13202.
5. The applicant was released from active duty on 18 August 2008. Her
DD Form 214 reflects in
* item 12a (Date Entered AD This Period) - 2008 05 12 (2008 May 12)
* item 12b (Separation Date This Period) - 2008 08 31 (2008 August 31)
* item 12c (Net Active Service This Period) - 0000 03 19 (zero years,
3 months, and 19 days)
6. Army Regulation 635-5 states the beginning date of the continuous period of active duty for which the DD Form 214 is being issued is to be entered in
item 12a of the DD Form 214 and the date of separation is to be entered
in item 12b. The net service for the period shown is computed by subtracting
item 12a from item 12b and then deducting any lost time and non-creditable service after the Soldier's expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the separation date on her DD Form 214 with a separation date of 31 August 2008 is incorrect.
2. The applicant's original orders to active duty, under Title 32 USC were amended while she was on active duty. The amended orders show her release from active duty as 18 August 2008. She was subsequently ordered to active under Title 10 USC effective 19 August 2008. Therefore, it is appropriate to correct item 12b of her DD Form 214 to reflect 2008 08 18 (2008 August 18).
3. Based on the above correction, re-computation of the applicant's net service is determined to be 3 months and 7 days. Therefore, item 12c of her
DD Form 214 should be corrected to reflect 0000 03 07 (zero years, 3 months, and 7 days).
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 amending her DD Form 214 with a separation date of 31 August 2008 by changing:
* item 12b to read 2008 08 18 instead of 2008 08 31
* item 12c to read 0000 03 07 instead of 0000 03 19
_______ _ _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) AR20090018316
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ABCMR Record of Proceedings (cont) AR20090018316
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