BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090018536
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 Block 12b (Separation Date this Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "2009 02 28" instead of "2008 02 28."
2. The applicant does not make any statement.
3. The applicant provides copies of
* her separation orders
* a DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes)
* a DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows she enlisted in the Army National Guard on 20 May 1985 for participation in the Reserve Officers' Training Corps Simultaneous Membership Program while attending college. On 14 May 1987, she accepted appointment as a second lieutenant in the U.S. Army Reserve (USAR). Since then, she served in a variety of assignments and has been promoted through the commissioned officer ranks to her present rank/grade of lieutenant colonel (LTC)/O-5. She is currently serving on active duty as a mobilized Reservist.
2. U.S. Army Human Resources Command, St. Louis, MO, (HRC - St. Louis), Orders R-04-0024225, dated 2 April 1999, ordered the applicant on Active Guard Reserve (AGR) status for a period of 3 years commencing 1 August 1999. This period of active duty was subsequently extended on three occasions.
3. HRC - St. Louis Orders C-01-900727, dated 15 January 2009, attached the applicant to Fort McPherson, GA for the purpose of separation processing with a scheduled separation date of 28 February 2009.
4. Block 12b of the applicant's DD Form 214 shows that she was released from active duty on 28 February 2008. Block 12c shows she completed 9 years and 7 months of active service during the period 1 August 1999 through 28 February 2008, which would actually equate to 8 years, 6 months, and 28 days.
5. The applicant provides a DA Form 1506, dated 15 January 2009, showing she served on active duty during the period 1 August 1999 through 28 February 2009, for a total of 9 years and 7 months.
6. A review of the applicant's Retirement Points Detail on the HRC - St. Louis Integrated Web Services (IWS) site shows she continuously served on active duty from 1 August 1999 through 28 February 2009.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. In pertinent part, the regulation states that Item 12b will show the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended to make up lost time, or retained on active duty for the convenience of the Government.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her date of separation should be corrected on her DD Form 214 was carefully considered and determined to have merit.
2. Evidence shows the applicant's separation date was 28 February 2009.
3. Evidence shows that the applicant was issued a DD Form 214 on which her separation date erroneously appears as 28 February 2008. Therefore, the applicant is entitled to have her separation date correctly shown as 28 February 2009.
4. In view of the fact Block 12c already properly reflects the actual amount of active service the applicant completed during the period covered by the DD Form 214 (9 years and 7 months), there is no need for further correction to the form.
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:
a. deleting from Block 12b of her DD Form 214 the entry "2008 02 28" and replacing it with the entry "2009 02 28" and
b. issuing her an appropriate document to reflect this change.
__________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) AR20090018536
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ABCMR Record of Proceedings (cont) AR20090018536
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