IN THE CASE OF:	 

		BOARD DATE: 9 August 2011

		DOCKET NUMBER:  AR20110002565


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:

   a.  he was separated on 9 April 2009.
   
   b.  his net active service includes the time he spent in basic training, advanced individual training (AIT), and several days that he spent performing administrative duties in January and March 2006. 
   
   c.  he also requests that an updated DD Form 214 be mailed to his current address.

2.  The applicant states that he completed basic combat training and performed administrative duties before he was discharged on 9 April 2009.  

3.  The applicant provides a copy of:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Orders directing him to report for initial active duty for training (IADT)
* Basic Combat Training Course Completion Diploma
* Memorandum, subject:  Request for Administrative Support, dated 
19 January 2006
* Memorandum, subject:  Request for Administrative Support, dated
27 February 2006
CONSIDERATION OF EVIDENCE:

1.  The applicant, an Army National Guardsman, entered IADT at Fort Sill, OK, on 5 October 2005.  He sustained a traumatic brain injury when he fell from a moving troop carrier.  He was released from active duty and placed on the temporary disability retired list (TDRL) on 8 June 2008.

2.  He was permanently retired due to physical disability on 7 April 2009.

3.  The DD Form 214 he was issued shows in:

* item 12a (Date Entered Active Duty This Period) - 5 November 2005
* item 12b (Separation Date this Period) - 8 June 2006
* item 12c (Net Active Service this Period) - 7 months and 3 days

4.  A DD Form 215 issued on 10 January 2008 corrected his DD Form 214 to show award of the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.  This document also indicate his 
DD Form 214 was corrected to show the Basic Combat Training Course, 
6 weeks, December 2005.

5.  His records contain Army National Guard Retirement Points History Statement showing he had continuous active duty since 5 October 2005 (the reporting date on his IADT orders).

6.  In support of his request he provides:

	a.  Orders 5266006, Military Entrance Processing Station, Des Plaines, IL, dated 23 September 2005, ordering him to IADT on 5 October 2005, for 9 weeks of basic and military occupational specialty (MOS) training at Fort Sill, OK.

	b.  Basic Combat Training Course Completion Diploma, dated 16 December 2005.

	c.  U.S. Army Field Artillery Training Center, Reserve Component (RC) Liaison Office, Fort Sill, OK, Memorandum, subject:  Request for Administrative Support, dated 19 January 2006, requesting that the applicant be released to perform duty (filing and other light administrative tasks) at the RC Liaison Office, Fort Sill, OK, on 23, 25, and 27 January 2006.  



	d.  U.S. Army Field Artillery Training Center, RC Liaison Office, Fort Sill, OK, Memorandum, subject:  Request for Administrative Support, dated 27 February 2006, requesting that he be released to perform duty (light administrative tasks) at the RC Liaison Office on 1 and 3 March 2006.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It states the DD Form 214:

	a.  is a summary of a Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

	b.  will be prepared for RC Soldiers completing 90 days or more of continuous active duty for training or for less than 90 days when awarded an MOS.

	c.  will not be prepared when a Soldier is removed from the TDRL. 
.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his separation date as 9 April 2009; and his net active service this period should be increased to include the time he spent in basic training, AIT, and several days that he spent performing administrative duties in January and March 2006. 

2.  The available evidence shows he began his IADT on 5 October 2005.  His 
DD Form 214 should be changed to show this date.

3.  The applicant was retired on 8 June 2006.  The days he spent performing administrative tasks occurred in January and March 2006 while he was in an active duty status.  His DD Form 214 already includes all of his service to include the days he spent performing administrative tasks.  

4.  On 10 January 2008, a DD Form 215 was issued to include the Basic Combat Training Course on his DD Form 214.  The available evidence does not show he completed AIT and he was awarded an MOS.

5.  The governing regulation states no DD Form 214 will be prepared when a Soldier is removed from the TDRL.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the entries in items 12a and 12c of his DD Form 214;
   
   b.  adding to item 12a "2005  10  05"; and
   
   c.  adding to item 12c "0000  08  04." 

2.  The Board further determined 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 changing the applicant's separation date on his DD Form 214 to 9 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 the case.


ABCMR Record of Proceedings (cont)                                         AR20100021640



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ABCMR Record of Proceedings (cont)                                         AR20110002565



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