IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100019948 


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) to show his date of separation as 10 April 2010.

2.  The applicant states he never volunteered for an early release from active duty (REFRAD).  His 8-month early release is an injustice and should be corrected.

3.  The applicant provides copies of his orders retaining him on active duty, dated 27 April 2009; his DD Form 214 ending on 20 August 2009; and a memorandum from the applicant to the Commander, Warrior Training Battalion, Fort Bragg, North Carolina, dated 14 August 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant was ordered to active duty from the U.S. Army Reserve effective 3 October 2008.  On 27 April 2009, orders A-04-912129, U.S. Army Human Resources Command, St. Louis (HRC-STL), Missouri, retained the applicant on active duty for a period of 328 days from 14 May 2009 to 6 April 2010.   

2.  In a memorandum addressed to the Commander, Transition Service Office, Fort Bragg, North Carolina, dated 13 August 2009, the Officer-in-Charge, Medical Support Branch, HRC-STL, stated that the request for an early REFRAD had been approved.  The applicant's REFRAD was to be no later than 24 September 2009.
3.  Orders 229-0255, U.S. Army Installation Management Command, Fort Bragg, North Carolina, dated 17 August 2009, as amended on 20 August 2009 by Orders 232-0254, directed the REFRAD of the applicant effective 20 August 2009 with eligibility to receive transitional health care until 19 February 2010.

4.  The applicant's DD Form 214 shows in:

	a.  Item 12b (Separation Date This Period): 20 August 2009;

	b.  Item 18 (Remarks): retained on active duty for medical care and treatment from 14 May to 20 August 2009; and

	c.  Item 28 (Narrative Reason for Separation): Completion of required active service. 

5.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.  It provides that the entry in Item 12b will be the Soldier's transition date.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was REFRAD on 10 April 2010 because his orders retaining him on active duty indicate that date.

2.  The available evidence shows that the applicant was REFRAD on 20 August 2009 due to completing his required active duty service.  There is no evidence that he in fact served any active duty after this date.

3.  The applicant's implied contention that his orders dictate his retention on active duty to 10 April 2010 is found to be without merit.  He was retained for the purpose of receiving medical treatment.  It appears his care did not require retention beyond 20 August 2009.

4.  There is no evidence of error or injustice in this case.

5.  In view of the above, the applicant's request should be denied.


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)                                         AR20100019948





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ABCMR Record of Proceedings (cont)                                         AR20100019948



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