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Decision Text

ARMY | BCMR | CY2002 | 2002077658C070215
Original file (2002077658C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 30 JANUARY 2003
         DOCKET NUMBER: AR2002077658


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Gale J. Thomas Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Melvin H. Meyer Member
Ms. Tracey L. Pinson Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 23 (Type of Separation) be changed to read “Relief from Active Duty”, and that item 28 (Narrative Reason for Separation) be changed to read “Completion of Active Duty.”

3. The applicant states that he was ordered to active duty and not active duty for training, and was separated upon completion of his active duty commitment. He states that this error has caused him not to be eligible for VA medical benefits. In support of his request he submits copies of his DD Form 214, his active duty orders and his separation processing orders.

4. The applicant’s military records show that he enlisted in the U.S. Army Reserve in 1971, and served in the Ready Reserve until March 1982. Orders R-02-000370, dated 26 February 1982, show the applicant was ordered to active duty in an Active Guard Reserve (AGR) status, in the pay grade of E-6, with an active duty commitment of
3 years.

5. On 22 September 1983, Orders B-09-006222, promoted the applicant to the pay grade of E-7 with a date of rank of 18 October 1983 and an effective date of
1 November 1983.

6. He served on active duty in an AGR status from 16 March 1982 until 15 March 1985, when he was discharged under the provisions of Army Regulation 635-200, chapter 4, and transferred from Fort McPherson, Georgia back to the 828th Transportation Battalion in Greensboro, Alabama.

7. The applicant’s DD Form 214 shows in item 23, that he was released from active duty for training and in item 28, it shows completion of active duty for training. The authority for his separation is listed as Orders B-09-006222, dated 22 September 1983.

CONCLUSIONS:

1. The applicant was ordered to active duty not active duty for training and therefore should have been separated from active duty. His DD Form 214, item 23 should be corrected to read, “Relief from Active Duty.”

2. The applicant was separated from active duty upon completion of his 3 year active duty commitment. His DD Form 214, item 29 should be corrected to read,
“Completion of Active Duty Commitment.”

3. The applicant was separated under the provisions of Army Regulation 635-200, chapter 4. However, his DD Form 214, item 25 (Separation Authority) reflects the applicant’s promotion orders to E-7 as the separation authority. Item 25 should be corrected to reflect the correct authority as “AR 635-200, chapter 4.”

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

         a. changing item 23 (Type of Separation) to “Relief from Active Duty”,

         b. changing item 25 (Separation Authority) to “AR 635-200, chapter 4”, and

         c. changing item 28 (Narrative Reason for Separation) to “Completion of Active Duty Commitment”.

BOARD VOTE:

__KAK __ __MHM _ __TLP _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Karol A. Kennedy_____
                  CHAIRPERSON




INDEX

CASE ID AR2002077658
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030130
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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