IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100015248 


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 the effective date listed on his separation orders, dated 28 January 2010, be corrected to read "28 February 2010."

2.  The applicant states the effective date on his separation orders shows he was separated on 28 February 2009; however, he was released on 28 February 2010.

3.  The applicant provides copies of his DD Form 214 (Certificate of Discharge or Release from Active Duty), mobilization orders, deployment orders, and separation orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Colorado Army National Guard on 13 October 2006 and transferred to the North Carolina Army National Guard on 3 April 2008.

2.  The State of North Carolina, Office of the Adjutant General, Orders Number 341-160, dated 6 December 2008, ordered him to active duty in support of Operation Iraqi Freedom (OIF) effective 11 February 2009.

3.  United States Army Installation Management Command, Headquarters, United States Army Garrison, Fort Bragg, Permanent Orders Number 103-006 dated 13 April 2009, assigned his unit to Baghdad, Iraq, effective on or about 
15 April 2009.

4.  Fort Stewart and Hunter Army Airfield, Orders Number 028-0178, dated 28 January 2010, show his effective date of release from active duty as 28 February 2009.

5.  The DD Form 214 he was issued at the time of his separation shows the following:

* Item 12a (Date Entered AD this Period) - "2009 02 11"
* Item 12b (Separation Date this Period) "2009 02 28"
* Item 12c (Net Active Service this Period) - "0001 00 20"
* Item 18 (Remarks) - "SERVICE IN IRAQ 20090415-20100124"

6.  His Defense Finance and Accounting System (DFAS) records show he received hostile fire/imminent danger pay for Kuwait from 23 April 2009 through 
23 January 2010.

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states Item 12b will show the Soldier's transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended to make up lost time, or retained on active duty for the convenience of the Government.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests to have his separation orders corrected to show he was released from active duty on 28 February 2010.

2.  The evidence shows his separation date is incorrect on his separation orders and DD Form 214.  His pay records and the remarks section of his DD Form 214 clearly confirm he was on active duty in Iraq as of 24 January 2010; therefore, it is impossible for him to have been separated on 28 January 2010.  It would be appropriate to correct his separation orders and DD Form 214 to show he was released from active duty on 28 February 2010.

3.  In view of the foregoing, his request should be granted.



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:

	a.  amending Headquarters, Fort Stewart and Hunter Army Airfield, Orders 028-0178, dated 28 January 2010, to show he was released from active duty effective 28 February 2010 and

	b.  correcting the current entry in item 12b of his DD Form 214 to read, "2010 02 28."



      _______ _   _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)                                         AR20100015248



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ABCMR Record of Proceedings (cont)                                         AR20100015248



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