IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100009503
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 Orders 08-128-000002 to show she was discharged from the U.S. Army Reserve (USAR) effective 10 April 2000.
2. She states these orders show she was discharged from the USAR effective 4 March 2000. She would like the effective date changed to coincide with her expiration of term of service (ETS) date. On 3 October 1999, she extended her enlistment in the USAR for 6 months which established a new ETS of 10 April 2000. As noted on the reverse of her U.S. Army Reserve Personnel Command (ARPC) Form 249-2-E (Chronological Statement of Retirement Points), she attended two scheduled unit training assemblies (UTA's) on 8 April 2000 and two scheduled UTA's on 9 April 2000. She served honorably to the end of her enlistment. She enlisted in the Georgia Army National Guard on 11 April 2000. She is unsure why she was not given credit to the end of her ETS. The only reason she can think of would be a typographical error.
3. She provides copies of the following documents:
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 3 October 1999
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 11 April 2000
* ARPC Form 249-2-E, dated 16 August 2005
* Orders 08-128-000002, dated 7 May 2008
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show she enlisted in the USAR on 11 April 1991 for 8 years. She enlisted in the Regular Army in pay grade E-1 on 24 April 1991 for 6 years. She was honorably released from active duty on 23 April 1997 for completion of required active service and was transferred to the USAR Control Group (Reinforcement). She was credited with completion of 6 years of net active service.
2. On 9 March 1999, she completed a DA Form 4836 extending her enlistment in the USAR for 6 months, giving her a new ETS of 10 October 1999.
3. On 3 October 1999, she completed a second DA Form 4836 extending her enlistment in the USAR for 6 more months giving her a new ETS of 10 April 2000.
4. Orders 00-144-008, dated 23 May 2000, were issued by Headquarters, 143rd Transportation Command, Orlando, Florida, separating her from the USAR effective 4 March 2000 with a general discharge. The facts and circumstances pertaining to her discharge are not contained in her military records.
5. She enlisted in the Georgia Army National Guard in pay grade E-5 on 11 April 2000 and is currently serving on active duty.
6. On 10 April 2008, the Army Discharge Review Board (ADRB) upgraded her USAR discharge characterization of service to honorable.
7. On 7 May 2008, Headquarters, 143rd Transportation Command, revoked Orders 00-144-008 and issued Orders 08-128-000002 as a result of the ADRB decision.
8. The reverse of her ARPC Form 249-2-E, dated 16 August 2005, shows she was credited with one inactive point for 11 March 2000 and two inactive points each for 8 and 9 April 2000 for performance of inactive duty training (IDT).
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant enlisted in the Regular Army on 24 April 1991 for 6 years, was released from active duty on 23 April 1997, and was transferred to the USAR. On 9 March 1999 and 10 October 1999, she extended her enlistment in the USAR by 6 months each establishing new ETS dates of 10 October 1999 and 10 April 2000, respectively.
2. On 23 May 2000, her unit issued orders separating her from the USAR effective 4 March 2000 with a general discharge. On 10 April 2008, the ADRB upgraded the characterization of her service to honorable. On 7 May 2008, her Reserve unit revoked the 23 May 2000 orders and issued orders discharging her from the USAR effective 4 March 2000.
3. She contends that her USAR discharge date should be changed to 10 April 2000 on Orders 08-128-000002 to coincide with her ETS date and that she attended UTA's on 8 and 9 April 2000. The evidence shows that on 3 October 1999 she extended her USAR enlistment establishing a new ETS of 10 April 2000 and she performed drills on 8 and 9 April 2000. In view of the foregoing, she is entitled to amendment of Orders 08-128-000002 to show she was discharged from the USAR effective 10 April 2000. Based on this amendment, it would also be appropriate for the Defense Finance and Accounting Service (DFAS) to conduct an audit of her records for appropriate action pertaining to her 8 and 9 April 2000 UTA attendances and amended discharge date.
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 Orders 08-128-000002, dated 7 May 2008, to show an effective date of 10 April 2000, by providing her with corrected orders, and by having DFAS conduct an audit of her records for appropriate action based on this amendment.
__________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) AR20100009503
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