AR20150009838

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009838

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

___x____ ___x____ ___x____ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009838

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 correcting the individual’s 1 January 2015 DD Form 214, as follows:

* deleting from item 7a the current entry and adding the entry “Fort George G. Meade, Maryland 20755”
* deleting from item 7b the current entry and adding the entry recorded in item 3 of her DD Form 4 (with an effective date of 30 September 2014)
* deleting from item 8a the current entry and adding the entry
“398th Combat Sustainment Support Battalion, USAR Command”
* deleting from item 12, block a, the current entry and adding the entry “2012 03 01” [1 March 2012]
* deleting from item 12, block c, the current entry and adding the entry
“0002 10 01” [2 years, 10 months, 1 day]
* adding to item 13 the

* Global War on Terrorism Service Medal
* Army Reserve Components Achievement Medal
* Noncommissioned Officer Professional Development Ribbon

* deleting from item 19a the current entry and adding the entry shown in Section IV, Mailing Address, Enlisted Record Brief, dated 2 January 2015
* deleting from item 19b the current entry and adding the entry shown in item 7a of her DD Form 93, dated 6 October 2014

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 Place of Entry into Active Duty, Home of Record (as requested by applicant), and the “Remark” pertaining to “Did Not Outprocess.”

___________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.

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009838

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, in effect, correction of several items of data recorded on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2. The applicant states that the DD Form 214 was completed prior to the date of her separation, she was not notified the DD Form 214 was being generated, and she was not available to sign the document. She adds the office that generated the DD Form 214 told her that it was too late to make any changes/corrections.

a. She states that the following items contain errors:

* item 7a (Place of Entry into Active Duty (AD))
* item 7b (Home of Record (HOR) at Time of Entry)
* item 8a (Last Duty Assignment and Major Command)
* item 12 (Record of Service)

* block a (Date Entered AD This Period)
* block c (Net Active Service This Period)

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* item 18 (Remarks)
* item 19a (Mailing Address After Separation)
* item 19b (Nearest Relative)

b. She further states that the correct data for these items is, as follows:

* item 7a: Odenton, MD
* item 7b: ### Lions Gate Lane, Odenton, MD 21113
* item 8a: 398th Combat Sustainment Support Battalion (CSSB)
* item 12, block a: “20120301” (1 March 2012)
* item 12, block c: (To Be Determined)
* item 13:

* Army Reserve Components Achievement Medal
* Noncommissioned Officer (NCO) Professional Development Ribbon

* item 18: Delete the entry, “SM DID NOT OUTPROCESS.”
* item 19a: #### Sleepy Hollow Road, Severn, MD 21144
* item 19b: Barbara M____, ### Waldoboro Road, Friendship, ME 04547

3. The applicant provides copies of:

* six orders with amendments
* Army Reserve Components Achievement Medal memorandum
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 137-2 (Installation Clearance Record)

CONSIDERATION OF EVIDENCE:

1. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 24 April 2007 for a period of 8 years. Item 3 (HOR) shows the entry, “### Martin Road, Glen Burnie, MD 21061.”

2. A DD Form 214 shows the applicant was ordered to active duty for training (ADT) on 25 July 2007, honorably released from ADT on 27 March 2008, and transferred to the 398th CSSB, USAR Center, Rockville, MD. She completed
8 months and 3 days of net active service this period. It also shows, in pertinent part, in:

* item 7a: Fort Meade, MD
* item 7b: ### Martin Road, Glen Burnie, MD 21061

* item 13:

* National Defense Service Medal
* Army Service Ribbon

* item 19a: ### Martin Road, Glen Burnie, MD 21061
* item 19b: Barbara M____, ### Martin Road, Glen Burnie, MD 21061

3. A DD Form 4 shows the applicant reenlisted in the USAR for a period of
6 years. Section B (Agreements), item 8b (Remarks), in pertinent part, shows
“I understand that the effective date of my reenlistment is one day following my current ETS [Expiration of Term of Service] of 20140929 [29 September 2014]. Therefore, the effective date is 20140930 [30 September 2014].” It also shows in item 3 the entry, “#### Sleepy Hollow Road, Severn, MD 21144.”

4. A DD Form 93 (Record of Emergency Data), completed by the applicant on
6 October 2014, in pertinent part, shows in:

* item 5 (Children): Daughter, ### Lions Gate Lane, Odenton, MD 21113
* item 7a (Mother Name): Barbara Lee M____, ### Waldoboro Road, Friendship, ME 04745
* item 13a (Person Authorized to Direct Disposition): Sister, ### Martin Road, Glen Burnie, MD 21061

5. The applicant’s Enlisted Record Brief, dated 2 January 2015, shows in Section IV (Personal/Family Data):

* HOR: “Glen Burnie” [MD]
* Mailing Address: #### Sleepy Hollow Road, Severn, MD 21144

6. A DD Form 214 shows the applicant was honorably released from AD on
1 January 2015 based on completion of required active service and transferred to the USAR Control Group (Reinforcement). It also shows in:

* item 7a: “Columbia, Maryland”
* item 7b: “### Martin Road, Glen Burnie, Maryland 21061-0000”
* item 8a: “CS BN SUS SPT AS”
* item 12, block a: “2012 10 01” (1 October 2012)
* item 12, block c: “0002 03 01 (2 Years, 3 Months, 1 Day)

* item 13:

* National Defense Service Medal
* Army Service Ribbon

* item 18: “SM DID NOT OUTPROCESS.”
* item 19a: “### Martin Road, Glen Burnie, Maryland 21061-0000”
* item 19b: “Barbara M____, ### Martin Road, Glen Burnie, Maryland 21061-0000”
* item 21a (Member Signature): “Not Available To Sign”
* item 22a (Official Authorized To Sign): “E-Signed” (17 December 2014)

7. In support of her application the applicant provided the following documents.

a. U.S. Army Human Resources Command (HRC), Fort Knox, KY, Orders
T-02-217337, dated 24 February 2012, that ordered the applicant to ADT on
1 March 2012 for a period of 214 days plus allowable travel time. The orders also show:

* Standard Name Line (SNL) Address: ### Lions Gate Lane, Odenton, MD 21113-2416
* Assigned To: 398th CSSB
* Report To: National Security Agency (NSA), Fort Meade, MD 20755
* Attached To: Headquarters and Headquarters Company (HHC),
704th Military Intelligence (MI) Brigade, Fort George G. Meade (FGGM), MD 20755
* HOR: Same As SNL

b. U.S. Army HRC, Fort Knox, KY, Orders T-09-238134, dated 27 September 2012; as amended by Orders T-09-238134A01, dated 17 December 2012; and Orders T-09-238134A02, dated 11 March 2013; that ordered the applicant to ADT on 1 October 2012 for a period of 365 days plus allowable travel time. The orders also show information pertaining to her address, HOR, unit of assignment/ attachment, and the installation where she was to report.

c. U.S. Army HRC, Fort Knox, KY, Orders T-09-309931, dated 30 September 2013; as amended by Orders T-09-309931A01, dated 17 October 2013; that ordered the applicant to Active Duty for Operational Support for Reserve Component (ADOS-RC) on 1 October 2013 for a period of 31 days plus allowable travel time. The orders also show information pertaining to her address, HOR, unit of assignment/attachment, and the installation where she was to report.
d. U.S. Army HRC, Fort Knox, KY, Orders T-10-310384, dated 31 October 2013; as amended by Orders T-10-310384A01, dated 10 January 2014; Orders T-10-310384A02, dated 19 February 2014; and Orders T-10-310384A03, dated
7 March 2014; that ordered the applicant to ADOS-RC on 1 November 2013 for a period of 334 days plus allowable travel time. The orders also show information pertaining to her address, HOR, unit of assignment/ attachment, and installation where she was to report.

e. U.S. Army HRC, Fort Knox, KY, Orders T-09-410852, dated 30 September 2014; as amended by Orders T-09-410852A01, dated 29 October 2014; that ordered the applicant to ADOS-RC on 1 October 2014 for a period of 93 days plus allowable travel time. The orders also show: The orders also show information pertaining to her address, HOR, unit of assignment/attachment, and the installation where she was to report.

f. Headquarters, U.S. Army Garrison, FGGM, MD, Orders 309-0004, dated
5 November 2014, that released the applicant from AD on 1 January 2015 and transferred her to the USAR Control Group (Reinforcement), Fort Knox, KY 40122. The SNL shows she was assigned to HHC (W00101), 704th MI Brigade, FGGM, MD 20755. The orders also show:

* HOR: Glen Burnie, MD
* Place Entered AD or Ordered to AD: Columbia, MD

g. Headquarters, 398th CSSB, Maus-Warfield USAR Center, Rockville, MD, memorandum, dated 3 May 2013, that shows the commanding officer awarded the applicant the Army Reserve Components Achievement Medal for the period April 2010 to April 2013. It also shows the memorandum acts as an order; no official order will be published.

h. DA Form 1059, dated 21 January 2011, that shows the applicant successfully completed the Warrior Leader Course (Modified) at the U.S. Army NCO Academy, Fort Dix, NJ, on 21 January 2011.

i. DA Form 137-2 that identifies the orders (dated 5 November 2014) that assigned the applicant to the Fort Meade Transition Center, FGGM, MD, for release from AD. It shows her losing unit as Unit Identification Code “W00101.” Section B (Installation Standard Clearances) shows the signatures of officials for 9 of the 11 installation activities listed. It does not show a signature for clearance of the “Transition Assistance Program.” (The applicant was not required to clear the remaining activity (“Casualty Assistance”) based on her rank.)

8. In connection with the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify information relevant to the applicant’s period of ADT from 1 March 2012 through 30 September 2012.
A DFAS official provided copies of the applicant’s Leave and Earnings History that confirm the applicant received pay and allowances for ADT service from
1 March 2012 through 30 September 2012.

REFERENCES:

1. Army Regulation 601-280 (Personnel Procurement Army Retention Program) prescribes the criteria for the Army Retention Program. For those Soldiers serving in the active Army, it outlines procedures for immediate reenlistment or extension of enlistment. Chapter 11 (Forms, Records, and Reports), Table 11-1 (Instructions for Completing DD Form 4) shows for item 3, USAR: enter the address the Soldier claims as a permanent address; the street, city, and state will be spelled out.

2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

a. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal (ACM), or Iraq Campaign Medal (ICM). All Soldiers on AD, including Reserve Component (RC) Soldiers mobilized or National Guard Soldiers activated, on or after
11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

b. The Army Reserve Components Achievement Medal (ARCAM) is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard unit or USAR Troop Program Unit (TPU) or as an Individual Mobilization Augmentee. Soldiers completing 3 years of qualifying service on or after 28 March 1995 are eligible for ARCAM consideration. Approval authority for award of the ARCAM for USAR TPU Soldiers is the Soldier’s unit commander.

c. The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and USAR Soldiers for successful completion of designated NCO professional development courses. NCO Education System creditable courses for award of the NCO Professional Development Ribbon (primary level) includes the Warrior Leaders Course.

3. Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from AD service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214.

a. Chapter 5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

b. Paragraph 5-6 (Rules for completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214. It shows for:

* item 7a, a Soldier’s initial enlistment contract or order to AD is the source document for this data (i.e., place of entry into AD). Enter the city and state where the Soldier entered AD. For USAR Soldiers, the AD order for this period of service will list where the Soldier enters AD
(e.g., home address, home station, mobilization station, Army installation, and so forth). Normally, this location is the first “Report To” lead line listed on the order.
* item 7b, a Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by HRC. List the street address, city, state, and zip code listed as the Soldier’s HOR. For RC Soldiers, the AD order lists the Soldier’s HOR. HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of AD. This cannot be changed unless there is a break in active service of at least one full day, or it is determined by HRC to be factually incorrect. Legal HOR is not necessarily the same as the legal domicile as defined for income tax purposes. Legal domicile may be changed during a Soldier’s career.
* item 8a, enter last unit of assignment and major command
* item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.

* block a, data sources are enlistment contract(s), initial order to AD, AD orders, and previously issued DD Forms 214. Enter the beginning date of the continuous period of AD for issuance of the DD Form 214.
* block c, enter the amount of service this period (subtract item 12a from item 12b)

* item 13, list all federally recognized awards and decorations for all periods of service. Do not use abbreviations. Do not list foreign or State level awards.
* item 18, use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks
* item 19, data source is as provided by the Soldier

* block a, this address must be a permanent address. Enter street address, city, state, and zip code.
* block b, advise the Soldier that the name and address of a relative should be someone who will know Soldier’s location and address at all times. When a relative is not available, list a close friend. Enter name, street address, city, state, and zip code.

DISCUSSION:

1. The applicant contends, in effect, that numerous entries on her 1 January 2015 DD Form 214 should be corrected because the DD Form 214 was completed prior to the date of her separation and she was not allowed to recommend changes/corrections to the document.

2. The evidence of record shows a Soldier’s initial enlistment contract or order to AD is the source document for item 7a. For a USAR Soldier, the AD order for this period of service will list where the Soldier enters AD. Normally, this location is the first “Report To” lead line listed on the order.

a. The applicant requests correction of her DD Form 214 to show the place of entry into AD was Odenton, MD (her mailing address/residence on 1 March 2012) vice Columbia, MD (her mailing address/residence on 1 October 2012).

b. The five sets of orders ordered the applicant to continuous ADT/ADOS-RC and directed her to report to FGGM, MD.

c. Based on the evidence of record and the governing Army regulation, the entry in item 7a should show she entered AD at FGGM, MD.

3. The evidence of record shows a Soldier’s initial enlistment contract is the source for the HOR (or any correction approved by HRC). For RC Soldiers, the AD order lists the Soldier’s HOR; it is the place recorded as the HOR of the Soldier when enlisted or ordered to a tour of AD and this cannot be changed unless there is a break in active service of at least one full day. The governing regulation shows a USAR Solder may enter the address claimed as a permanent address for the HOR when they reenlist in the USAR.

a. The applicant requests correction of item 7b of her DD Form 214 to show Odenton, MD.

b. Item 3 of her 24 April 2007 DD Form 4 lists her HOR as “### Martin Road, Glen Burnie, MD 21061.”

c. Item 7b of her 27 March 2008 DD Form 214 shows her HOR as
“### Martin Road, Glen Burnie, MD 21061.”

d. The five sets of orders ordering her to ADT/ADOS-RC (beginning on
1 March 2012) identify two different mailing addresses as her HOR; the first two orders showing “### Lions Gate Lane, Odenton, MD 21113” and the three subsequent orders showing “#### Sleepy Hollow Road, Severn, MD 21144.”

e. Item 3 of her 30 September 2014 DD Form 4 lists her HOR as
“#### Sleepy Hollow Road, Severn, MD 21144.”

(1) There is no evidence of record that shows she had a break in active service during the period 24 April 2007 through 1 January 2015. Based on the governing Army regulation, the applicant was authorized to change her HOR when she reenlisted on 30 September 2014.

(2) The evidence of record shows she changed her HOR from Glen Burnie, MD to Severn, MD. However, she requests correction of her
DD Form 214 to show her HOR as Odenton, MD.

f. The orders that released her from AD show her HOR as Glen Burnie, MD.

g. Based on the evidence of record, there is an insufficient evidentiary basis for correcting the HOR to show Odenton, MD. However, it would be appropriate to correct the HOR to show Severn, MD.

4. The evidence of record shows all five sets of the applicant’s ADT/ADOS-RC orders show she was assigned to the 398th CSSB. Moreover, the orders for her final period of ADOS-RC (reporting 1 October 2014) show she was assigned to the 398th CSSB (and attached to HHC, 704th MI Brigade) at that time.

a. It is reasonable to conclude that she remained assigned to 398th CSSB while she was attached to HHC, 704th MI Brigade, and at the time she was separated from AD on 1 January 2015. Moreover, upon completion of the required active service, she was transferred to a USAR TPU (i.e., 398th CSSB).

b. Item 8a shows the entry, “CS BN SUS SPT AS.”

c. The evidence of record supports the applicant’s contention that item 8a of her DD Form 214 should be corrected to show the unit’s full designation.

5. The evidence of record shows the applicant was ordered to ADT on 1 March 2012 and that orders were issued for continuous periods of ADT and ADOS-RC through 1 January 2015.

a. DFAS records confirm that the applicant served on ADT during the period 1 March 2012 through 30 September 2012.

b. The applicant’s DD Form 214 shows she entered AD this period on
1 October 2012 and completed 2 years, 3 months, and 1 day of active service.

c. A computation of her AD service during the period 1 March 2012 through
1 January 2015 shows the following:

2015 01 01 date REFRAD
– 2012 03 01 date ordered to ADT
= 02 10 00
+ 1 day inclusive
= 02 10 01 total AD service this period

d. The available evidence of record supports the applicant’s contention that item 12a and item 12c of her DD Form should be corrected.

6. The evidence of record shows:

a. the applicant’s unit commander awarded her the ARCAM;

b. she qualified for award of the GWOTSM based on having served more than 30 consecutive days outside the AOEs designated for award of the GWOTEM, ACM, or ICM and that she is authorized award of the GWOTSM;

c. she successfully completed the Warrior Leader Course (Modified) and qualified for award of the NCO Professional Development Ribbon.

7. The evidence of record shows the applicant cleared 9 of 10 of the required installation activities at FGGM, MD. However, she did not clear the “Transition Assistance Program.” Moreover, she acknowledges in her request to this Board that she was not available to sign the document at the Transition Center at FGGM to review and sign her DD Form 214. Based on the evidence of record, there is an insufficient evidentiary basis for deleting the comment “SM Did Not Outprocess” from item 18 of her DD Form 214.

8. The evidence of record shows the source of information for entry in item 19a and item 19b of the DD Form 214 is the Soldier. Both of these items show the address for the applicant’s HOR in Glen Burnie, MD.

a. The applicant contends that her mailing address should be “#### Sleepy Hollow Road, Severn, MD 21144” and the address for nearest relative should show “Barbara M____, ### Waldoboro Road, Friendship, ME 04547.”

b. Her ERB, dated 2 January 2015, shows her mailing address as
“#### Sleepy Hollow Road, Severn, MD 21144.”

c. Her DD Form 93, completed on 6 October 2014, shows her mother (Barbara Lee M____) was residing at ### Waldoboro Road, Friendship, ME 04745.

d. The available evidence of record supports the applicant’s contention that item 19a and item 19b of her DD Form should be corrected.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009838

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009838

11

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2