PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  18 January 2001
	DOCKET NUMBER:  AR2000050460

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that she be issued a DD Form 214 (Report of Separation from Active Duty) for 15 days of active duty time due to a Selected Reserve Call-Up in support of Operation Desert Shield/Desert Storm.

3.  The applicant states that she was ordered to active duty to go to Fort George Meade, MD to help support Operation Desert Shield/Desert Storm.  She was not sent there to train; she was sent there to support the 352nd Civil Affairs Command prepare soldiers to deploy.  She did not discover this would be a problem until she inquired about federal employment and read about Veterans Preference/Veterans Readjustment Appointment (VRA) status.

4.  Orders #13-4, Headquarters, 352nd Civil Affairs Command, dated
23 January 1991 ordered the applicant to active duty for 365 days to provide administrative support for Operation Desert Shield.  Orders 26-1, Headquarters 352nd Civil Affairs Command, dated 7 February 1991 ordered the applicant to be released from active duty not by reason of physical disability. 

5.  Two Leave and Earning Statements verify that the applicant supported Operation Desert Shield/Desert Storm activities during the active duty periods cited in the two orders noted above.

6.  Army Regulation 135-200 prescribes policies and procedures for ordering USAR soldiers to annual training, ADT, and active duty for special work.  In pertinent part, it states that the primary purpose and content of ADT is training.  ADT will not be used to meet real or perceived manpower shortages to perform organizational missions or administration, or to augment the Active Army.  

7.  Army Regulation 135-210 prescribes policies, responsibilities and procedures for ordering individual soldiers of the USAR to active duty during peacetime.  Under guidance prescribed by this regulation, soldiers will be voluntarily ordered to peacetime active duty to fill actual or anticipated vacancies in the Active Army or for temporary tours of active duty (TTAD) in support of an essential Active Army missions.  TTAD is voluntary active duty performed in support of the Active Army.  The objective of the TTAD Program is to use a soldier’s primary or duty 
skill to accomplish a specified Active Army essential mission.  TTAD may be used to perform a wartime (support) mission assigned to the Reserve Components under current mobilization/operational plans.  This is only in limited duration contingency situations.  The Secretary of the Army or the Director of Staff Management, Office of the Chief of Staff will serve as final approval authority for TTAD.  Chapter 3 states that an Active Duty Report, DD Form 220, will be issued for TTAD of 89 days or less.

8.  Army Regulation 635-5, paragraph 1-4 states in pertinent part, a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army after completing 90 days or more of continuous ADT, FTTD, or active duty support.

CONCLUSIONS:

1.  She is not entitled to be issued a DD Form 214 in accordance with regulations in effect at the time.  However, it appears that an injustice has occurred in this case.  

2.  The applicant was ordered to TTAD due to time constraints in effect during Operation Desert Shield/Desert Storm.

3.  Due to the passage of time, it would be appropriate to issue the applicant a DD Form 220 to show she served on active duty.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant be issued a DD Form 220 covering the 12 day period beginning 28 January 1991 and ending 8 February 1991.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__js___  __jm___  __mm______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone___
		        CHAIRPERSON

INDEX

CASE ID	AR2000050460	
SUFFIX		
RECON		
DATE BOARDED	20010118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.