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ARMY | BCMR | CY2010 | 20100011957
Original file (20100011957.txt) Auto-classification: Approved

		
		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20100011957 


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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 April 2009 to show credit for his prior active and inactive service periods.  He also requests correction to this DD Form 214 to show award of the Army Achievement Medal and award(s) for his initial entry training (IET) time.  

2.  The applicant states, in effect, his 2009 DD Form 214 does not reflect his prior active and inactive service, the Army Achievement Medal (Second Award), and award(s) for his IET period.  When he was issued this DD Form 214 he was advised the DD Form 214 for the period ending 1 August 2007 was unreadable; therefore, a comprehensive DD Form 214 could not be generated to show all of his service.

3.  The applicant provides copies of his 2007 and 2009 DD Forms 214, two DA Forms 638 (Recommendation for Award), and two Army Achievement Medal Certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the United States Army Reserve (USAR) in pay grade E-4 on 19 January 2007.  He was ordered to active duty for training (ADT) and entered on ADT on 15 February 2007.  He completed training and was honorably released from ADT on 1 August 2007 and transferred to a Reserve unit.  He served on ADT for a period of 5 months and 17 days.  He was issued a DD Form 214 that shows he was credited with 5 months and 17 days of net active service and 26 days total prior inactive service (USAR time).  The DD Form 214 also lists the following award:  the National Defense Service Medal.

2.  The applicant was appointed in the USAR as a second lieutenant on 2 August 2007.  

3.  The applicant submits a copy of a DA Form 638, dated 5 October 2008, showing he was recommended for award of the Army Achievement Medal, for the period from 6 October 2007 to 5 October 2008, for outstanding achievement while serving as the 382nd Command Sustainment Support Battalion's Intelligence Officer.  The award was issued in Permanent Orders 
Number 09279-04.  He also submits a copy of the resulting certificate.

4.  The applicant was again ordered to ADT and entered ADT on 21 January 2009.  

5.  The applicant also submits a copy of a DA Form 638, dated 23 April 2009, showing he was recommended for award of the Army Achievement Medal, for the period from 21 January to 29 April 2009, for exceptionally meritorious achievement for successfully completing the Van Deman Program during the Military Intelligence Basic Officer Leader Course.  The award was issued on Permanent Orders Number 117-0003.  He also submits a copy of the resulting certificate.

6.  The applicant was honorably released from ADT on 29 April 2009 and transferred to a Reserve unit.  He was issued a DD Form 214 that shows he was credited with completing 3 months and 9 days of net active service.  There are no entries showing credit for his prior active and inactive service periods.  Item 18 (Remarks) of this form contains the entry "DD Form 215 will be issued to provide missing information."

7.  Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 lists the following awards:  the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon. 

8.  He was promoted to first lieutenant on 29 April 2009 and is currently serving in the USAR in an active status.

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty and provided a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  A DD Form 214 will be prepared for selected categories of military personnel including USAR Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special works, temporary tours of active duty, or Active Guard Reserve service.  If information is missing a DD Form 215 (Correction to DD Form 214) will be issued when the missing information becomes available.  The regulation also states for:

* Item 12c (Net Active Service) enter the amount of net active for the period covered by the DD Form 214 
* Item 12d (Total Prior Active Service) is obtained from previously issued DD Forms 214 enter the total amount of prior active military service
* Item 12e (Total Prior Inactive Service) from previously issued DD Forms 214 enter the total amount of prior inactive military service
* Item 13 lists awards and decorations for all periods of service

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Army Service Ribbon to enlisted members of the USAR for successful completion of IET on honorable completion of 4 months of active service.  Officers will be awarded this ribbon upon successful completion of the basic/orientation or higher level course and awarded upon honorable completion of 4 months of active service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on 19 January 2007 and entered on ADT on 15 February 2007.  He completed his initial entry training and was released from ADT on 1 August 2007.  He was issued a DD Form 214 that properly shows a credit of 5 month and 17 days of net active service and 26 days of prior inactive service for his USAR time.  This DD Form 214 properly shows no prior active service in Item 12d since records show he did not accrue any prior active service prior to first entering on ADT on 15 February 2007.

2.  The evidence also shows he was appointed as second lieutenant in the USAR on 2 August 2007.  While serving as a member of the USAR, he was awarded the Army Achievement Medal in Permanent Orders Number 09279-04, dated 5 October 2008.

3.  The evidence further shows he again entered on ADT on 21 January 2009, completed the required active service, and he was released on 29 April 2009.  He was issued a DD Form 214 that properly shows a credit of 3 months and 9 days of net active service.  However, this DD Form 214 does not credit him with 5 months and 17 days of prior active service in Item 12c and a total of 1 year, 6 months, and 14 days of prior inactive service (USAR time).  Item 18 contains the entry "DD Form 215 will be issued to provide missing information."  Therefore, he is entitled to correction of his DD Form 214 for the period ending 29 April 2009 to show 5 months and 17 days of prior active service in Item 12d and 1 year, 6 months, and 14 days of prior inactive service in Item 12e.

4.  The evidence further shows he was awarded a second Army Achievement Medal for exceptionally meritorious achievement in Permanent Orders Number 117-0003, dated 27 April 2009.  His 2009 DD Form 214 only shows one award of the Army Achievement Medal.  Therefore, he is also entitled to correction of his 2009 DD Form 214 to show this medal.

5.  The evidence also shows he completed 5 months and 17 days of IET for entitlement to award of the Army Service Ribbon.  This award is shown on his 2009 DD Form 214.  A review of his records does not reveal entitlement to any others awards for his IET period.  Therefore, he is not entitled to the addition of any awards to his 2009 DD Form 214.

6.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 the Department of the Army records of the individual concerned be corrected by:

	a.  adding to Item 12c of applicant's DD Form 214 for the period ending 29 April 2009 the entry "00 05 17";

	b.  adding to Item 12d of this DD Form the entry "01 06 14";

	c.  adding to Item 13 of this DD Form 214 the Army Achievement Medal (Second Award); and 

	d.  providing him a document to show the above corrections.

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 any other awards for his IET period and addition of any other awards to his DD Form 214 for the period ending 29 April 2009.



      ____________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)                                         AR20100011957



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ABCMR Record of Proceedings (cont)                                         AR20100011957



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