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ARMY | BCMR | CY2010 | 20100009740
Original file (20100009740.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100009740 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two additional days of active duty for training (ADT).

2.  The applicant states his DD Form 214 shows he was separated from ADT on 2 September 2009, but he actually had an additional 2 days of travel to complete.  The DD Form 214 should be changed to 4 September 2009.

3.  The applicant provides copies of his DD Form 214 and his orders with a certified completion endorsement.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a U.S. Army Reserve staff sergeant, was ordered to 148 days of military occupational specialty skills training by 90th Regional Readiness Command Order Number 009925, dated 4 March 2009.

2.  90th Regional Readiness Command Order Number 020293, dated 31 July 2009, extended the period to 178 days.

3.  The DD Form 214 shows in block 12 that the applicant served on active duty from 11 March 2009 to 2 September 2009, a period of 5 months and 22 days.

4.  The completion endorsement for Order Number 009925 prepared by the applicant certifies the inclusive dates of duty including travel as 11 March 2009 to 4 September 2009.  The ending date appears to have been altered from 2 September 2009 to show 4 September 2009 to accommodate the additional travel time incurred by the applicant.

5.  Army Regulation 135-210 (Army National Guard and U.S. Army Reserve - Order to Active Duty as Individuals for Other Than a Presidential Selected Reserve Call-up, Partial or Full Mobilization) prescribes policies, responsibilities, and procedures for ordering individual Soldiers of the Army National Guard of the United States and the U.S. Army Reserve to active duty for other than a Presidential selected Reserve call-up, partial, or full mobilization.  Chapter 2 provides guidance for travel time and states the amount of travel time allowed determines the date pay begins.  Persons are entitled to travel time when they must begin travel on a date before the reporting date shown on their orders.  There is no provision for travel time upon completion of a period of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his DD Form 214 shows he was separated from ADT on 2 September 2009, but he actually had an additional 2 days of travel to complete.  He contends that item 12b (Separation Date This Period) of his DD Form 214 should be changed to 4 September 2009.

2.  The completion endorsement he certified shows the inclusive dates of duty performed were adjusted to accommodate his return travel time.  However, there is no authority to extend a Reserve Component Soldier's active duty period to accommodate return travel.

3.  Block 12b of the DD Form 214 correctly shows the applicant was separated from this period of active duty effective 2 September 2009 and block 12c appropriately shows 5 months and 22 days of net active service this period.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ____X___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20100009740



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100009740

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