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ARMY | BCMR | CY2012 | 20120021093
Original file (20120021093.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	   11 June 2013 

		DOCKET NUMBER:  AR20120021093 


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 2648 (Pre-Separation Counseling Checklist for Active Component Service Members) to show her separation was voluntary vice involuntary.

2.  The applicant states the DD Form 2648 says her separation was involuntary.  This is incorrect.  She was separated when her contract was up and she received an honorable discharge.

3.  The applicant provides her DD Form 2648 and DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 April 2008 and she held military occupational specialty 35F (Intelligence Analyst).  She executed a 3-year reenlistment on 9 October 2009.

2.  She was assigned to the 3rd Battalion, 82nd Aviation, Fort Bragg, NC, and deployed with this unit to Afghanistan from 16 September 2011 to 13 May 2012.

3.  She was honorably released from active duty on 8 October 2012 by reason of completion of her required service.

4.  Her Army Military Human Resource Record contains a DD Form 2648, dated 28 September 2012, which shows:
* 
item 6 (Anticipated Date of Separation) – "20121008" and an "X" in the "Separating Involuntarily" block
* item 8a (Service Member Signature) – "SEE REMARKS"
* item 9a (Transition Counselor Signature) – blank
* item 21 (My counseling was conducted 89 days or less before my separation or retirement because) – an "X" is placed in the "Other" block and the entry "SOLDIER WAS UNAVAILABLE FOR SIGNATURE"

5.  Per conversation with an Army Career and Alumni Program counselor, 82nd Airborne Division, Fort Bragg, NC, on 17 May 2013, the case analyst of record verified the applicant attended her separation briefing on 29 May 2012.

6.  Per conversation with the Battalion S-1, 3rd Battalion, 82nd Aviation, Fort Bragg, NC, on 17 May 2012, the case analyst of record was informed that the unit was deployed and the rear detachment may not have properly processed Soldiers for separation.

7.  Title 10, U.S. Code, section 1142 (Preseparation Counseling, Transmittal of the Medical Records to the Department of Veterans Affairs), states within the time periods specified in paragraph (3), the Secretary concerned shall provide for individual pre-separation counseling of each member of the Armed Forces whose discharge or release from active duty is anticipated as of a specific date.  A notation of the provision of such counseling with respect to each matter specified in subsection (b), signed by the member, shall be placed in the service record of each member receiving such counseling.  In the event that a retirement or other separation is unanticipated until there are 90 or fewer days before the anticipated retirement or separation date, or in the event a member of a Reserve Component is being demobilized under circumstances in which (as determined by the Secretary concerned) operational requirements make the 90-day requirement under subparagraph (A) unfeasible, pre-separation counseling shall begin as soon as possible within the remaining period of service.

DISCUSSION AND CONCLUSIONS:

The applicant served on active duty from 24 April 2008 to 8 October 2012.  Prior to her separation, she received pre-separation counseling that was documented on a DD Form 2648.  It appears this form inadvertently indicated her separation was involuntary when, in fact, it was a voluntary separation.  Although this form is no longer an active form after a Soldier's separation and thus impractical to reconstitute or regenerate, there is no harm to the Soldier or the Army if an appropriate document is prepared and attached to this form to confirm that her separation was voluntary.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 issuing an appropriate document to show her separation as voluntary vice involuntary pertaining to item 6 of her DD Form 2648.



      _____________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)                                         AR20120021093



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ABCMR Record of Proceedings (cont)                                         AR20120021093



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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