IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100010271
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) for the period ending 24 January 2008 to show "NOT APPLICABLE" in item 9 (Command to Which Transferred).
2. The applicant states she requested a DD Form 215 (Correction to DD Form 214) to correct item 9 to read "NOT APPLICABLE," but instead a DD Form 215 was issued with the entry "FORT DRUM TC (WOXQ02) FORT DRUM NY 13602//NOTHING FOLLOWS."
3. The applicant provides copies of the following:
* her DD Form 214 for the period ending 24 January 2008
* her DD Form 215 issued 3 February 2010
* Orders 024-1011, U.S. Army Installation Management Command, Fort Drum, NY, dated 24 January 2008
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show she enlisted in the U.S. Army Reserve in the Delayed Entry Program (DEP) on 4 September 1992 for a period of 8 years. She was released from the DEP on 23 November 1992 and enlisted in the Regular Army on 24 November 1992 for a period of 4 years. She completed basic combat and advanced individual training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic). Her record shows she reenlisted on four separate occasions subsequent to her initial enlistment.
2. Documents associated with the applicant's administrative separation from the Army were not available to the Board.
3. However, on 24 January 2008 the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph
5-8, by reason of parenthood as indicated by the entry in item 26 (Separation Code) of "JDG."
4. Item 6 (Reserve Obligation Termination Date) of her DD Form 214 reflects "000000" indicating she no longer had any remaining service obligation. Item 9 indicates she was transferred to the U.S. Army Reserve (Individual Ready Reserve (IRR)), St. Louis, MO. She completed 15 years, 2 months, and 1 day of net active service.
5. The applicant submits a copy of a DD Form 215 which erroneously corrects item 9 of her DD Form 214. The entry in item 5 (Original DD Form 214 is Corrected as Indicated Below) reflects "FORT DRUM TC (WOXQ02) FORT DRUM NY 13602//NOTHING FOLLOWS."
6. Headquarters, U.S. Army Garrison, Fort Drum, Orders 024-1011, dated 24 January 2008, contain a statement which reads: "You are reassigned to the U.S. Army transition point shown for transition processing. After processing, you are discharged from the Component shown." The transition point indicated on the orders reflects Fort Drum, NY, and the component shows "Regular Army."
7. Army Regulation 635-200 establishes the policies and procedures for the separation of enlisted Soldiers. Paragraph 5-8 provides for the involuntary separation of Soldiers due to parenthood. This paragraph states that Soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities and that notification procedures will be used.
8. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) indicates that SPD code JDG is reflective of an involuntary separation under the provisions of Army Regulation 635-200, paragraph 5-8, for parenthood.
9. Army Regulation 135-91 (Army National Guard and Army Reserve Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) states that the statutory military service obligation is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment. On and after 1 June 1984, all Soldiers incurred an 8-year statutory military service obligation. The statutory obligation can be terminated by the Army prior to its fulfillment. Separation due to discharge, dismissal, or being dropped from the rolls of the Army terminates a Soldier's statutory obligation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DD Form 214 for the period ending 24 January 2008 to show she was not transferred to the IRR upon her discharge was carefully considered and is supported by the evidence.
2. The evidence shows the applicant was involuntarily separated under the provisions of paragraph 5-8 of Army Regulation 635-200 for parenthood. She completed over 15 years of active service which indicates she did not have a remaining service obligation at the time of her discharge.
3. Orders 024-1011 indicate the applicant was discharged from the Regular Army upon completion of all final out-processing from Fort Drum, NY.
4. The DD Form 215 issued on 3 February 2010 which erroneously corrects item 9 of her DD Form 214 should be voided and a new DD Form 215 should be issued which corrects item 9 of her DD Form 214 to read "NOT APPLICABLE."
5. In view of the foregoing, it would be appropriate to grant the requested relief.
BOARD VOTE:
___X____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented Is 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
voiding the DD Form 215 issued on 3 February 2010 and issuing a new DD Form 215 which amends item 9 to read " NOT APPLICABLE."
____________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.
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