IN THE CASE OF:	  

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20110018788 


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 10 September 2011 to show in:

* item 12a (Date Entered Active Duty This Period) "2008 04 10"
* item 12d (Total Prior Active Service) "0012 00 25"
* item 12e (Total Prior Inactive Service ) "0012 00 14"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) 2 Bronze Star Medals and 4 Meritorious Service Medals
* item 16 (Days Accrued Leave Paid) "30"

2.  The applicant states the supporting documentation she provided was not used to prepare her DD Form 214. 

3.  The applicant provides:

* DD Form 214, for the period ending 7 April 2008
* DD Form 214, for the period ending 10 September 2011
* 2 DA Forms 4980-5 (Bronze Star Medal Certificate)
* 4 DA Forms 4980-12 (Meritorious Service Medal Certificate)
* Orders M-11-702866, dated 9 November 2007
* Orders A-03-906999, dated 3 March 2009
* Orders A-07-918603, dated 6 July 2009
* Orders A-06-018724, dated 25 June 2010
* Orders A-12-034636, dated 17 December 2010
* Orders A-05-109925, dated 13 May 2011
* 5 DA Forms 67-9 (Officer Evaluation Report)
* 2 Memoranda

CONSIDERATION OF EVIDENCE:

1.  The applicant provides and her record contains a DD Form 214 for the period ending 7 April 2008, which provides the following information:

   a.  item 12a shows she entered active duty this period on 9 April 2007; 

	b.  item 12b (Separation Date This Period) shows she was separated on 
7 April 2008;	

   c.  item 12c (Net Service this Period) shows she served 1 year and 15 days of active service during this period;
   
   d.  item 12d shows she served 11 years, 1 month, and 10 days of total prior active service;

   e.  item 12e shows she served 12 years, 8 months, and 28 days of total prior inactive service; and

	f.  item 13 shows she was awarded the Bronze Star Medal and the Meritorious Service Medal (2nd Award) in addition to other awards.

2.  The applicant provides and her record contains the following orders published by the U.S. Army Human Resources Command:

   a.  Orders M-11-702866, dated 9 November 2007, which ordered her to active duty on 10 April 2008 for a period of 365 days in support of Operation Enduring Freedom;

   b.  Orders A-03-906999, dated 3 March 2009, which ordered her to active duty on 10 April 2009 for a period of 90 days in support of Operation Enduring Freedom;

   c.  Orders A-07-918603, dated 6 July 2009, which ordered her to active duty on 9 July 2009 for a period of 365 days in support of Operation Enduring Freedom;

   d.  Orders A-06-018724, dated 25 June 2010, which ordered her to active duty on 9 July 2010 for a period of 178 days in support of Operation Enduring Freedom;

   e.  Orders A-12-034636, dated 17 December 2010, which ordered her to active duty on 3 January 2011 for a period of 150 days in support of Operation New Dawn; and

   f.  Orders A-05-109925, dated 13 May 2011, which ordered her to active duty on 2 June 2011 for a period of 101 days in support of Operation New Dawn.

3.  The applicant provides and her record contains five Officer Evaluation Reports which cover the period 5 March 2007 through 29 July 2011, which show no break in service or nonrated time.

4.  The applicant provides and her record contains a:

   a.  DA Form 4980-5 which shows Permanent Order Number 139-01, dated 
19 May 2011, awarded her the Bronze Star Medal for the period 11 September 2010 to 5 September 2011;

   b.  DA Form 4980-12 which shows Permanent Order Number 161-01, dated 10 June 2009, awarded her the Meritorious Service Medal for the period 7 March 2007 to 8 July 2009; and

   c.  DA Form 4980-12 which shows Permanent Order Number 104-01, dated 14 April 2010, awarded her the Meritorious Service Medal for the period 9 July 2009 to 7 July 2010.

5.  The applicant provides two memoranda from her former commanders who attest to her mobilization and service under the previously-mentioned orders.

6.  The applicant did not provide evidence nor does her record contain evidence which shows she was paid for 30 days of accrued leave during the period         10 April 2009 (or 10 April 2008) to 10 September 2011.

7.  The applicant provides a DD Form 214 for the period ending 10 September 2011, which shows the following information:

   a.  item 12a she entered active duty this period on 10 April 2009; 

	b.  item 12b (Separation Date This Period) she was separated on 
10 September 2011;
   c.  item 12c (Net Service this Period) she served 2 years, 5 months, and
1 day of active service during this period;
   
   d.  item 12d she served 11 years, 1 month, and 25 days of total prior active service;

   e.  item 12e she served 16 years, 5 months, and 21 days of total prior inactive service; and

	f.  item 13 she was awarded the Bronze Star Medal and the Meritorious Service Medal (3rd Award) in addition to her other awards.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

	a. item 12a, enter the beginning date of the continuous period of active service for issuance of this DD Form 214, for which a DD Form 214 was not previously issued; 

	b.  item 12d, from previously-issued DD Forms 214, enter total amount of prior active military service less lost time, if any; 
	
   c.  item 12e, from previously-issued DD Forms 214 and/or Enlisted Record Brief/Officer Record Brief, enter the total amount of prior inactive service, less lost time, if any; 

	d.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier’s records.  Do not use abbreviations; and

	e.  item 16, as provided by the local finance office, enter the number of days of accrued leave being paid to the Soldier or the word "NONE."




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 for the period ending 10 September 2011 should be corrected was carefully considered.

2.  Her record contains documentation ordering her to active duty effective 
10 April 2008 in support of Operation Enduring Freedom.  In addition, her record contains a Meritorious Service Medal, Officer Evaluation Reports, and letters from her chain of command attesting that she reported on this date.  In view of the evidence presented, it is reasonable to presume the applicant reported to duty as directed by her orders; therefore, she is entitled to correction of item 12a to show the entry "2008 04 10."

3.  The applicant requests that item 12d of her DD Form 214 for the period ending 10 September 2011 be changed to show 12 years and 25 days of total prior active service.  However,

   a.  item 12d of the applicant’s DD Form 214 for the period ending 
7 April 2008 shows 11 years, 1 month, and 10 days of prior active service;  
   
   b.  item 12c of that DD Form 214 shows she completed 1 year and 15 days of current active duty; and  
   
   c.  therefore, item 12d of her DD Form 214 for the period ending
10 September 2011 should be changed to show 12 years, 1 month, and 25 days of total prior active service.

4.  The applicant requests that item 12e of her DD Form 214 for the period ending 10 September 2011 be changed to show 12 years, 0 months, and 
14 days of total prior inactive service.  

   a.  her previous DD Form 214 ending 7 April 2008 showed her total prior inactive service as 12 years, 8 months, and 28 days; 
   
   b.  she received mobilization orders which placed her on active duty on 
10 April 2008 (a difference of two days); and 

   c.  therefore, item 12e of her DD Form 214 for the period ending 
10 September 2011 should be changed to show 12 years and 9 months of total prior inactive service.


5.  Permanent orders awarded the applicant a Bronze Star Medal and two Meritorious Service Medals during the period covered by the DD Form 214 for the period ending 10 September 2011.  Therefore, she is entitled to correction of her DD Form 214 for the period ending 10 September 2011 to show these awards.

6.  The applicant did not provide evidence nor does her record contain evidence which shows she was paid for 30 days of accrued leave during the period 
10 April 2009 (corrected to 10 April 2008) through 10 September 2011; therefore, she is not entitled to correction of item 16 of her DD Form 214. 

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 Department of the Army records of the individual concerned be corrected by amending her DD Form 214 for the period ending 10 September 2011 as follows:

a. deleting the entry in item 12a and adding the entry "2008 04 10";

b. deleting the entry in item 12d and adding the entry "0012 01 25";
   
   c.  deleting the entry in item 12e and adding the entry "0012 09 00"; and
   
   d.  deleting the Bronze Star Medal and Meritorious Service Medal (3rd Award) in item 13 and adding the "Bronze Star Medal (2nd Award) and Meritorious Service Medal (4th Award)."






2.  The Board further determined that the evidence presented was 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 item 16 of her      DD Form 214 for the period ending 10 September 2011.  



      _______ _   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)                                         AR20110018788



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ABCMR Record of Proceedings (cont)                                         AR20110018788



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