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ARMY | BCMR | CY2010 | 20100020796
Original file (20100020796.txt) Auto-classification: Approved

		

		BOARD DATE:	22 February 2011

		DOCKET NUMBER:  AR20100020796


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 item 12a (Date Entered Active Duty this Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to read "2009 02 16."

2.  The applicant states her start date in item 12a should be adjusted to 16 February 2009.  She has attached original and amended orders verifying this.

3.  The applicant provides:

* DD Form 214
* Orders M-01-900028, U.S. Army Human Resources Command (HRC), dated 16 January 2009
* Orders M-01-900028A02, HRC, dated 20 January 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant's records shows she enlisted in the U.S. Army Reserve Delayed Entry Program on 6 February 1978 and in the Regular Army on 25 July 1978.  On 28 February 1980, she was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 2, for the purpose of accepting a commission as a Reserve officer of the Army.

2.  On 29 February 1980, she was appointed as a Reserve commissioned officer of the Army in the rank/pay grade of second lieutenant/O-1 in the Medical Services Corps.

3.  HRC Orders M-01-900028, dated 16 January 2009, ordered her to active duty for the purpose of partial mobilization in support of Operation Enduring Freedom (OEF), for a period not to exceed 365 days, with a report date of 18 January 2009.

4.  HRC Orders M-01-900028A02, dated 20 January 2009, amended her report date to 16 February 2009.

5.  The Defense Finance and Accounting Service (DFAS) records show she began her period of active duty on 13 January 2009.

6.  Service data posted to her automated Retirement Points Accounting System summary shows she began her period of active duty on 16 February 2009.

7.  On 17 January 2010, she was honorably released from active duty under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), chapter 2 (Completion of Required Active Service), and transferred to the U.S. Army Reserve Control Group (Retired Reserve).  Her DD Form 214 shows in:

* item 12a (Date Entered Active Duty this Period) the entry "2009 01 16"
* item 12b (Separation Date This Period) the entry "2010 01 17"
* item 12c (Net Active Service This Period) the entry "0001 00 02"

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation provides that the beginning date of the continuous period of active duty for which the DD Form 214 is being issued will be entered in item 12a.  This regulation also provides that the date of separation will be entered in item 12b.  The net service for the period shown in item 12c will be computed by subtracting item 12a from item 12b and then deducting any time lost and non-creditable service after the Soldier's expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of item 12a of her DD Form 214, to show "2009 02 16," was carefully considered and was determined to have merit.

2.  Although her personnel and DFAS records are inconsistent as to the date she began her service in 2009, the preponderance of evidence suggests she began her tour of duty on 16 February 2009; therefore, it would be appropriate to correct item 12a of her DD Form 214 to show this date.  Item 12c should also be corrected, to reflect 11 months and 2 days of service.


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 item 12a of her DD Form 214 to show the entry "2009 02 16"
* amending item 12c of her DD Form 214 to show the entry "0000 11 02"



      __________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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20100020796



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