IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090008303 


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 ending 8 April 2005 to show his separation date as 30 April 2005.

2.  The applicant states he took terminal leave (now known as transition leave) from 8 April 2005 to 30 April 2005.  He adds that his DD Form 214 shows the separation date as 8 April 2005.

3.  The applicant provides no additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a commissioned officer in the U. S. Army Reserve in May 1979.  He was assigned to the Retired Reserve effective 1 June 2007.

2.  U. S. Army Human Resources Command, St. Louis, Missouri, Orders Number M-02-400305, dated 27 February 2004, ordered the applicant to active duty in support of Operation Iraqi Freedom with a report date of 18 April 2004.

3.  Headquarters, United States Infantry Center, Fort Benning, Georgia, Orders Number 068-2214, dated 9 March 2005, released the applicant from active duty effective 8 April 2005.

4.  Block 12b (Separation Date this Period) of the applicant's DD Form 214 shows the entry "2005 04 08."

5.  Block 18 (Remarks) of the applicant's DD Form 214 shows, among other entries, the applicant received imminent danger pay for duty in Afghanistan from 28 April 2004 to 2 March 2005.

6.  There is no evidence in the applicant's available records which shows he served on active duty in support of Operation Iraqi Freedom beyond 8 April 2005.

7.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his separation date as 30 April 2005.

2.  Orders released the applicant from active duty effective 8 April 2005.  There is no evidence of record and the applicant has provided none to show he served on active duty beyond this date.  Therefore, it appears the applicant's records are correct as currently constituted.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20090008303



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ABCMR Record of Proceedings (cont)                                         AR20090008303



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