IN THE CASE OF:	  

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090011661 


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 the statement in Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to read "RETAINED IN SERVICE 369 DAYS FOR THE CONVENIENCE OF THE GOVERNMENT PER TITLE 10 USC 12305 MILPER [Military Personnel] STOP LOSS MSG #06-232" instead of "… 0 DAYS …."

2.  The applicant states that he believes a clerical error was made.

3.  The applicant provides excerpts from his military records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army (RA) for 4 years on 21 August 2001 and he was awarded military occupational specialty (MOS) 11B (infantryman).

2.  The applicant served in Iraq from 10 August 2005 to 23 July 2006.

3.  The applicant was honorably released from active duty on 26 August 2006.  His DD Form 214 shows that he had served 5 years and 6 days of active duty.

4.  MILPER stop loss message #06-232a stated that on 1 June 2004, the Assistant Secretary of the Army approved the unit stop loss/stop movement program for units deploying in support of Operation Enduring Freedom and 
Operation Iraqi Freedom.  The stop loss/stop movement begins 90 days prior to the earliest arrival date specified in the deployment order and continues through the unit’s redeployment to its permanent home station, plus a maximum of 90 days stabilization.

DISCUSSION AND CONCLUSIONS:

The evidence clearly supports that the applicant was retained beyond his ETS for 369 days as a result of stop loss/stop movement.  As such, it would now be appropriate to correct his records to show the correct amount of time he was retained on active duty beyond his ETS.

BOARD VOTE:

____x____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from Item 18 of his DD Form 214 the entry "RETAINED IN SERVICE
0 DAYS FOR THE CONVENIENCE OF THE GOVERNMENT PER TITLE 10 USC 12305 MILPER STOP LOSS MSG #06-232" and replacing it with the entry "RETAINED IN SERVICE 369 DAYS FOR THE CONVENIENCE OF THE GOVERNMENT PER TITLE 10 USC 12305 MILPER STOP LOSS MSG
#06-232."



      ___________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)                                         AR20090011661



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ABCMR Record of Proceedings (cont)                                         AR20090011661



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