IN THE CASE OF:	 

		BOARD DATE: 	        14 June 2009

		DOCKET NUMBER:  AR20090001779 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 17 January 2008 through 6 February 2009 to reflect 00 years, 11 months, and 12 days vice 00 years, 9 months, and 7 days in item 12f (Foreign Service).

2.  The applicant states, in effect, the subject DD Form 214 does not include foreign service he performed in 2005.

3.  The applicant provides:

	a.  the subject DD Form 214; and

	b.  a DD Form 214 for the period 24 February 2005 through 17 May 2005 reflecting 00 years, 02 months, and 05 days of foreign service in item 12f.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a major in the Mississippi Army National Guard.  He served an active duty tour from 17 January 2008 through 6 February 2009 and was in Afghanistan from 31 March 2008 through 7 January 2009.

2.  In 2005, the applicant was a captain in the New York Air National Guard and served on active duty from 24 February 2005 through 17 May 2005 during which time he had 2 months and 5 days of foreign service.  The applicant received a DD Form 214 for this service.
3.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Rules for completion of item 12f call for entering the total amount of foreign service completed during the period covered in item12c (Net Active Service This Period).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests foreign service from a previous tour of active duty be entered on the subject DD Form 214.

2.  Army Regulation 635-5 does not permit the carrying forward of foreign service from previous periods of active service.  The applicant’s DD Form 214 is correct.

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)                                         AR20090001779



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ABCMR Record of Proceedings (cont)                                         AR20090001779



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