IN THE CASE OF:	  

		BOARD DATE:	  12 September 2013

		DOCKET NUMBER:  AR20120020701 


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) to show the 89 days she completed under Title 10 orders.

2.  She states:

* her last duty station did not correct her DD Form 214 to include the above 
89 days 
* a statement was put in item 30 (Remarks) so the error could be fixed later

3.  She provides:

* her DA Form 214, dated 21 September 2012 
* Orders Number 002624 from the 81st Regional Support Command, Fort Jackson, SC, dated 1 October 2010

CONSIDERATION OF EVIDENCE:
1.  The applicant enlisted in the U.S. Army Reserve on 24 October 2007.  






2.  Her record contains a DD Form 214, which shows in:

* item 12a (Date Entered AD this Period) the entry "2007  11  13" 
* item 12b (Separation Dated this Period) the entry "2009  07  29"
* item 12c (Net Active Service this Period) the entry "0001  08  17"
* item 12d (Total Prior Active Service) the entry "0000  00  00"
* item 28 (Narrative Reason for Separation) the entry “Completion of Required Active Service”

3.  Her record contains a DD Form 215 (Correction to DD Form 214), dated 
14 June 2010, which shows her DD Form 214, dated 29 July 2009, was corrected to show in:

* item 12b the entry "2009  09  08"
* item 12c the entry "0001  09  26"

4.  She submitted Order Number 002624, issued by the 81st Regional Support Command, Fort Jackson, NC, dated 1 October 2010, which shows she was ordered to AD Operational Support - Reserve Component (ADOS-RC) for a period of 89 days to provide unit support under Title 10, U.S. Code.

5.  The applicant also submitted a second DD Form 214 which shows in:

* item 12a the entry "2011  10  28" 
* item 12b the entry "2012  09  21"
* item 12c the entry "0000  10  24"
* item 12d the entry "0001  08  17"
* item 18 (Remarks) the entries "Item 12d above does not account for annual and/or weekend training this Soldier may have accomplished prior to the date entered in item 12a"
* item 28 the entry “Completion of Required Active Service”

6.  Her record contains an Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points), dated 14 May 2013, that shows in item 8 (AD Points) as follows:

* 25 October 2007 to 24 October 2008		347
* 25 October 2008 to 24 October 2009		319
* 25 October 2009 to 24 October 2010 	120
* 25 October 2010 to 25 October 2011		113
* 25 October 2011 to 24 October 2012		314

7.  Her record is void of any evidence and she did not provide any evidence showing she served on continuous AD for a period exceeding 90 days during the period 30 July 2009 to 27 October 2011.

8.  In the processing of this case an advisory opinion was obtained from the Chief, Personnel Management Division, Headquarters, U.S. Army Reserve Command, dated 21 May 2013.  The advisory opinion recommended disapproval of the applicant's request for correction of her DD Form 214 for the following reasons:

	a.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active service.    

   (1)  It provides a brief, clear-cut record of active Army service at the time of release from active duty (AD), retirement, or discharge.  
   
   (2)  It is not intended to have any legal effect on termination of a Soldier's
service.  A DD Form 214 will be prepared for each RC Soldier completing 
90 days or more of continuous AD.  
   
   (3)  When completing the DD Form 214, extreme care is used when
completing block 12, record of service, since post-service benefits, final pay, and retirement credit are based on this information.  When completing block 12d, total prior active service on previously-issued DD Forms 214 are authorized to determine the total amount of prior active service.

	b.  In accordance with Army Regulation 140-185 (Training and Retirement Points Credits and Unit Level Strength Accounting Records) the ARPC Form 249  is used to maintain a record of the Soldier's accumulated retirement points.  The number of points to be awarded annually is totaled as of the month and day in which the retirement year ends.  Creditable retirement points will be recorded in the appropriate month column. 

	c.  Records indicate the applicant was ordered to ADOS-RC for 89 days beginning 1 October 2010, by Order Number 002624.  She complied with the order and accrued all pay and allowances for duties performed.  The period of service is not authorized to be captured on a DD Form 214 as indicated in paragraph 8a(1-3) above; however, it has been captured within her active duty points column of the ARPC Form 249.  

9.  On 22 May 2013, the applicant was provided a copy of the advisory opinion in order to have the opportunity to reply to its contents.  She did not respond.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214. 

   a.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge; and  

   b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous active service will be issued a DD Form 214 , except if:  

   (1)  separated for cause or physical disability regardless of the length of
time served on active duty; and/or 
   
         (2)  USAR Soldiers are mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, regardless of length of mobilization, when transitioned from AD.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant received properly-constituted DD Forms 214 for her periods of active service from 12 November 2007 to 
8 September 2009 and from 28 October 2011 to 21 September 2012.

2.  The available evidence also shows she served as an ADOS-RC from 
1 October to 28 December 2010, which is a period of 89 days.  Therefore, she would not have been issued a DD Form 214 for this service and she is not entitled to have this service added to her current DD Form 214 because its duration was less than 90 days. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ____X____  ____X_____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20120020701



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ABCMR Record of Proceedings (cont)                                         AR20120020701



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