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ARMY | BCMR | CY2014 | 20140013719
Original file (20140013719.txt) Auto-classification: Approved
 
	
		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140013719 


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) dated 27 September 2012 to show the following information:

* Her rank and pay grade as sergeant (E-5)
* Her Reserve Obligation Termination Date as 13 November 2017
* All of her active duty service
* All of her awards
* All of her military education

2.  The applicant states:

	a.  All service since the separation date reflected on her DD Form 214 was less than 90 days and is not reflected in her cumulative service record.

	b.  Her awards, promotions, education and tours of service since the date of her separation are not reflected in any DD Form 214.

	c.  Her Reserve Obligation Termination Date should read 13 November 2017 in accordance with her initial enlistment contract date.

3.  The applicant provides:

* Orders
* DD Form 214, dated 27 September 2012
* DD Form 1966/3 (Record of Military Processing – Armed Forces of the United States)
* Award of the Army Reserve Components Achievement Medal, dated 1 February 2013
* Award of the Armed Forces Reserve Medal with "M" Device, dated 27 July 2013
* Army Achievement Medal Certificate indicating Permanent Order 339-002, dated 5 December 2013 announced this award
* Mobile Counter-Terrorism Analyst Course Certificate of Training
* Mobile Adversarial Deception Analysis Course Certificate of Training
* United States Army Noncommissioned Officer's Warrior Leader Course Certificate
* Driver's Training Course Certificate of Training
* Counterintelligence Analytic Methods Course Certificate of Training
* Asymmetric Warfare Intelligence Analysis Course Certificate of Training

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) for 8 years on 13 November 2009, in pay grade E-1.  She completed training as a Human Intelligence Collector.  She was promoted through the ranks to specialist (E-4) on 5 June 2011.

2.  On 31 January 2012, Order Number 020511 was published ordering the applicant to Active Duty Training School (ADTS) for a period of 208 days, effective 4 March 2012.

3.  She was released from active duty (REFRAD) on 27 September 2012, in pay grade E-4.  The DD Form 214 she received shows her:

* Rank and Pay Grade as specialist (E-4)
* Reserve Obligation Termination Date as 10 November 2018
* Date Entered Active Duty This Period as 4 March 2012
* Separation Date This Period as 27 September 2012
* Net Active Service This Period as 6 months and 24 days
* Total Prior Active Service as 10 months and 22 days
* Total Prior Inactive Service as 1 year, 5 months, and 1 day

4.  The applicant's DD Form 214 shows:

	a.  the following awards:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Certificate of Achievement

	b.  the following training:

* Human Intelligence Collector Course, 19 Weeks, 2010
* Spanish Basic Language Course, 26 Weeks, 2012
* Warrior Leader Course, 2 Weeks, 2012

5.  The applicant provides a memorandum dated 1 February 2013, which shows she was awarded the Army Reserve Components Achievement Medal (First Award) for the period March 2010 through March 2013.  She provides a Memorandum for Record dated 27 July 2013, which shows she was awarded the Armed Forces Reserve Medal with "M" Device for her deployment to Guantanamo Bay, Cuba from 15 July to 30 September 2011.

6.  She provides certificates showing she completed the Counterintelligence Analytic Methods Course during the period 8 to 11 February 2011, Mobile Adversarial Deception Analysis Course during the period 26 to 28 April 2011, Asymmetric Warfare Intelligence Analysis Course during the period 11 to 15 July 2011, and Mobile Counter-Terrorism Analyst Course during the period 30 April to 3 May 2013.  She also provides a certificate showing she completed the Drivers Training Course during the period 10 to 14 January 2011 and the Warrior Leader Course during the period 6 to 20 January 2012.

7.  The applicant provides a copy of an award certificate indicating that Permanent Order 339-002, dated 5 December 2013, announced her award of the Army Achievement Medal for outstanding achievement from 8 July to 
10 December 2013.  She also provides a number of orders showing the dates of her active duty service.

8.  Army Regulation 635-5 (Separation Documents), as then in effect, served as the authority for the preparation of the DD Form 214.  It established standardized policy for preparing the DD Form 214.  It stated that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.  The regulation stated a DD Form 214 would be prepared for each Reserve Component Soldier completing 90 days or more of continuous active duty for training.  It stated:

	a.  In item 4a (Grade, Rate, or Rank) and 4b (Pay Grade) – Enter active duty grade or rank and pay grade at time of separation, retirement, or REFRAD.

	b.  In item 6 (Reserve Obligation Termination Date) – Enter the completion date of the statutory military service obligation incurred by a Soldier on initial enlistment or appointment in the Armed Forces.

	c.  In item 12a (Date Entered Active Duty This Period) – Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

	d.  In item 12b (Separation Date This Period) – Enter separation date this period.

	e.  In item 12c (Net Active Service This Period) – Enter the amount of service this period, computed by subtracting item 12a from 12b.

	f.  In item 12d (Total Prior Active Service) – From previously issued DD Forms 214, enter total amount of prior active military service, less lost time, if any.

	g.  Item 12e (Total Prior Inactive Service) – From previously issued DD Forms 214 and/or Enlisted Record Brief, enter the total amount of prior inactive service, less lost time, if any.

	h.  In item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

	i.  In item 14 (Military Education) – List formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214; list title, length in weeks, and month and year completed.

	j. Army Regulation 635-5.states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  Her supporting evidence has been considered.

2.  According to the applicable regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.  A a DD Form 214 is prepared for each Reserve Component Soldier completing 90 days or more of continuous active duty for training (ADT).

3.  At the time that the applicant's DD Form 214 was prepared she was serving in the rank and pay grade of specialist (E-4).  She was on ADT from 4 March 2012 through 27 September 2012.  She completed 6 months and 24 days of net active service this period.  She had 10 months and 22 days of total prior active service and had 1year, 5 months, and 1 day of total prior inactive service.  This information is properly shown on her DD Form 214.

4.  The Army Achievement Medal was awarded to the applicant for her service during a period after she was REFRAD.  Therefore, this award could not have been reflected on her DD Form 214.  Further, it would be inappropriate to add this medal now based on the dates of the service that qualified her for the award.

5.  The training course certificates provided by the applicant fall outside the period covered by her DD Form 214.  Therefore, they should not be included on her DD Form 214 for the period ending 27 September 2012. 

6.  However, she was awarded the Army Reserve Components Achievement Medal and the Armed Forces Reserve Medal with "M" Device during her period of active duty service.  These awards should be included on her DD Form 214.

7.  The applicant enlisted in the USAR for 8 years on 13 November 2009.  Therefore, her DD Form 214 should be amended to show her Reserve Obligation Termination Date as 12 November 2017.









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 dated 27 September 2012 as follows:

	a.  Delete from item 6 the entry  "20181110."

	b.  Add in item 6 the entry  "20171112."

	c.  Add to item 13 "Army Reserve Components Achievement Medal" and "Armed Forces Reserve Medal with 'M' Device."

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 amending her DD Form 214 to show:

* Her rank and pay grade as sergeant (E-5)
* All of her active duty service
* All of her awards
* All of her military education
* Her Reserve Obligation Termination Date as 13 November 2017



      __________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)                                         AR20140013719



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20140013719



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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