IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090019406 


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 item 12a (Date Entered Active Duty This Period) of her 31 July 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show an entry date of 30 August 2006.

2.  The applicant states her DD Form 214 is missing almost 2 years of active duty service because 3 days prior to her release from active duty (REFRAD), a uterine tumor was discovered and she had to have a full hysterectomy.  Upon her REFRAD, the Fort Lewis Medical Command discovered there was no bridging order between the time her tumor was found and the time she went into the Fort Riley Warrior Transition Unit.  The order was subsequently published on 10 August 2009.

3.  The applicant provides the following in support of her application:

* DD Form 214, dated 31 July 2009
* U.S. Army Human Resources Command (HRC), Alexandria, Virginia, Orders A-08-622720, dated 30 August 2006
* HRC-Alexandria Orders A-08-622720A01, dated 29 September 2006
* HRC-Alexandria Orders A-06-622720A02, dated 6 October 2006
* HRC-Alexandria Orders A-02-704065, dated 20 February 2007
* HRC-Alexandria Orders A-02-704065A01, dated 4 April 2007
* Military Personnel Division, Fort Lewis, Washington, Orders 217-0022, dated 5 August 2009
* HRC, St. Louis, Missouri, Orders A-08-922069, dated 10 August 2009

CONSIDERATION OF EVIDENCE:

1.  On 17 December 1988 the applicant accepted a Reserve commission and was appointed as a second lieutenant for an indefinite term of service.

2.  The record shows the following orders to active duty for the periods and at the locations indicated:

	a.  HRC-Alexandria Orders A-08-622720, dated 30 August 2006, ordered to active duty from 31 August 2006 through 25 February 2007 (179 days) at Fort Belvoir, Virginia, with duty at Fort Riley, Kansas;

	b.  HRC-Alexandria Orders A-08-622720A01, dated 29 September 2006, amended HRC Orders A-08-622720 by changing the report date to 4 October 2006 and the period of active duty to 145 days;

	c.  HRC-Alexandria Orders A-08-622720A02, dated 6 October 2006, provided by the applicant and not found in the official military personnel file, amended HRC-Alexandria Orders A-08-622720 by changing the report date to 31 August 2006 and the active duty period back to 179 days;

	d.  HRC-Alexandria Orders A-02-704065, dated 20 February 2007, ordered to active duty from 26 February 2007 through 25 February 2008 (365 days) at Moffett Airfield, California, with duty at Fort Riley, Kansas;

	e.  HRC-Alexandria Orders A-02-704065A01, dated 4 April 2007, amended HRC-Alexandria Orders A-02-704065 by changing the period to 1 year;

	f.  HRC-St. Louis Orders A-04-807778, dated 24 April 2008, retained the applicant on active duty from 23 April 2008 through 18 October 2008 (179 days) at the Warrior Transition Unit, Fort Riley, Kansas, to complete medical care and treatment;

	g.  HRC-St. Louis Orders A-06-811770, dated 24 June 2008, retained the applicant on active duty from 1 July 2008 through 18 October 2008 (110 days) at the Warrior Transition Unit, Fort Lewis, Washington, to complete medical care and treatment;

	h.  HRC-St. Louis Orders A-04-807778R, dated 24 June 2008, rescinded the unexecuted portion of HRC-St. Louis Orders A-04-807778 effective 30 June 2008;

	i.  HRC-St. Louis Orders A-06-81170A01, dated 17 September 2008, amended HRC-St. Louis Orders A-06-811770 by changing the period from 18 October to 15 April 2009 (298 days);

	j.  HRC-St. Louis Orders A-06-811770A03, dated 21 February 2009, further amended HRC-St. Louis Orders A-06-811770 by changing the period from 15 April 2009 to 11 October 2009;

	k.  HRC-St. Louis Orders A-06-811770A04, dated 9 July 2009, further amended HRC-St. Louis Orders A-06-811770 by changing the ending date to 8 April 2010;

	l.  HRC-St. Louis Orders A-08-922069, dated 10 August 2009, retained the applicant on active duty from 26 February 2008 through 22 April 2008 (57 days) to complete medical care and treatment; and

	m.  HRC-St. Louis Orders A-06-811770A05, dated 30 September 2009, amended HRC-St. Louis Orders A-06-811770 by changing the end date to 31 July 2009 and period of active duty to 396 days.

3.  The DD Form 214 issued to the applicant on 31 July 2009, the date of her REFRAD, shows an entry in item 12a of "2008  04  23."  Item 12b (Separation Date This Period) contains the entry "2009  07  31" and item 12c (Net Active Service Completed This Period) contains the entry "0001  03  08."

4.  A review of the applicant's Defense Finance and Accounting Service (DFAS) pay records confirms she received active duty pay for the period 1 September 2006 through 31 July 2009.

5.  There is no evidence contained in the record to indicate another DD Form 214 was issued during the period 30 August 2006 through 31 July 2009.

6.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparation of the DD Form 214 and contains item-by-item instructions.  The instructions for item 12a are to enter the beginning date of the continuous period of active duty for issuance of a DD Form 214 for which a DD Form 214 was not previously issued.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct item 12a of her DD Form 214 to reflect a date of 30 August 2006 has been carefully considered and found to have partial merit.

2.  The evidence of record contains permanent orders which show the applicant was ordered to active duty on 31 August 2006; however, DFAS military pay records confirm the applicant received active duty pay for the period 1 September 2006 through her REFRAD on 31 July 2009.  Further, the record shows no other DD Form 214 was issued during this continuous period of active duty service.  Therefore, the applicant's DD Form 214, item 12a, should be corrected to reflect 1 September 2006 as verified by her DFAS pay record.

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 31 July 2009 DD Form 214 as follows:

	a.  item 12a - delete the current entry and replace it with the entry "2006  09  01,"

	b.  item 12c - delete the current entry and replace it with the entry "0002  10  30," and

	c.  by providing her a correction to her DD Form 214 that includes these changes.


2.  The Board further determined 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 her 31 July 2009 DD Form 214 to show she entered active duty on 30 August 2006.



      _____________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)                                         AR20090019406



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ABCMR Record of Proceedings (cont)                                         AR20090019406



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