IN THE CASE OF:	  

		BOARD DATE:	    11 May 2010

		DOCKET NUMBER:  AR20090018939


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:

* all of her foreign service
* all of her active service
* her period of honorable service

2.  The applicant states:

* she enlisted, served honorably, then reenlisted
* her DD Form 214 does not reflect her honorable service
* her DD Form 214 says she did not complete her first full term of service
* her DD Form 214 shows only 12 months of foreign service in Iraq when she served 15 months in Iraq

3.  The applicant provides:

* DD Form 214 for the period 20040120-20090828
* statement of service, dated 21 July 2008
* Honorable Discharge Certificate, dated 19 October 2006
* Oath of Reenlistment Certificate, dated 20 October 2006



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 27 June 2003.  On 19 January 2004, she was discharged from the DEP and she enlisted in the Regular Army for 4 years on 20 January 2004.  She was trained in and served in military occupational specialty 44C (Financial Management Technician).

2.  The applicant was honorably discharged on 19 October 2006 for the purpose of immediate reenlistment on 20 October 2006.

3.  The evidence of record shows the applicant served in Iraq from 22 September 2006 through 12 December 2007.  Defense Finance and Account Service (DFAS) pay records reflect those dates for receipt of hostile fire pay/imminent danger pay and combat zone tax exclusion (CZTE) benefits.

4.  The evidence of record shows the applicant stole a total of $4,300.00 in U.S. currency from 33 separate U.S. Soldiers while in Iraq during April and May 2007.  She did this by falsifying amounts of casual payments – changing a $100.00 payment to a $200.00 payment – then keeping the excess.  General court-martial charges were preferred against her and she was tried at Contingency Operating Base Speicher, Iraq.  On 29 November 2007, she was convicted and sentenced to confinement for 24 months, reduction to private, and a bad conduct discharge.

5.  Orders 345-03E, Area Support Group-Kuwait, dated 11 December 2007, directed the applicant's permanent change of station movement from Iraq to confinement in the United States.

6.  The applicant was returned to the United States and incarcerated at the U.S. Naval Consolidated Brig-Miramar, San Diego, CA.  DFAS records show her HFP/IDP and CZTE ended 12 December 2007.

7.  Following completion of all appellate reviews, the applicant's bad conduct discharge was executed.  She was discharged on 28 August 2009.  Her DD Form 214 shows:

* character of service – bad conduct
* item 12a (Date Entered Active Duty This Period) – 20 January 2004
* item 12b (Separation Date This Period) – 28 August 2009
* item 12c (Net Active Service This Period) – 4 years, 1 month, and 12 days
* item 12f (Foreign Service) – 1 year
* item 18 (Remarks) – SERVICE IN IRAQ FROM 20060923-20070922
* item 18 – "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states:

	a.  the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty;

	b.  item 12a – the beginning date of the continuous period of AD for issuance of this DD Form 214 for which a DD Form 214 was not previously issued;

	c.  item 12b – the Soldier's transition date;

	d.  item 12c – the amount of service this period, computed by subtracting item 12a from 12b, with lost time under Title 10, U.S. Code, section 972, and non-creditable time after ETS, if any, deducted;

	e.  item 18 – mandatory entry:  "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE."

		(1)  Routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service; however, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.

		(2)  To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term of enlistment to the net service in item 12c.  If Soldier has completed or exceeded the initial enlistment, enter "has";

	f.  item 18 – for enlisted Soldiers who reenlisted without being issued a DD Form 214 and are separated with a characterization of service other than honorable enter:  "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)"; and

	g.  item 29 (Dates of Lost Time During This Period) – for enlisted Soldiers, show inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972.  Lost time under Title 10, U.S. Code, section 972, is not creditable service for pay, retirement, or veterans' benefits.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests administrative corrections to her DD Form 214.

2.  The applicant's foreign service dates (item 18) and amount of foreign service (item 12f) are incorrect.  She served in Iraq from 20060922 to 20071212 for a total of 1 year, 2 months, and 21 days.  Item 12f should be corrected and the entry in item 18 should be corrected.

3.  The applicant states her DD Form 214 incorrectly says she did not complete her first full term of service.  Army Regulation 635-5 provides that since she reenlisted before the completion of that period of service, the first term of service was effectively redefined and item 18 should state, "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE."  This should be corrected.

4.  The applicant believes her "time on active duty" is incorrect.  Her DD Form 214 shows:

* item 12a – 2004  01  20
* item 12b – 2009  08  28
* item 12c – 0004  01  12

When you calculate the years/months/days between items 12a and 12b, the total is 5 years, 7 months, and 9 days.  However, the applicant had lost time due to confinement during the period from 20071129 to 20090525.  When you calculate the years/months/days between these dates, the total is 1 year, 5 months, and 27 days which, when subtracted from 5 years, 7 months, and 9 days, equals the net active service recorded in item 12c.  The applicant's "time on active duty" is correct as shown.

5.  Finally, the applicant states her period of honorable service is not reflected on her DD Form 214.  By regulation, item 18 should have stated "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20040120 UNTIL 20061019."  This should be added to her DD Form 214.



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 amending her DD Form 214 to show:

* item 12f – 0001  02  21
* item 18 – SERVICE IN IRAQ 20060922-20071212
* item 18 – MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE
* item 18 – "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20040120 UNTIL 20061019"

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:

* time spent on active duty in item 12c



      _________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)                                         AR20090018939



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ABCMR Record of Proceedings (cont)                                         AR20090018939



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