RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 MARCH 2005
DOCKET NUMBER: AR20040002996
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. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Raymond Wagner | |Chairperson |
| |Mr. John Meixell | |Member |
| |Mr. Jonathon Rost | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the separation date on his 2004 separation
document be corrected to show that he was released from active duty on 6
April 2004 vice 18 July 2004.
2. The applicant states, in effect, that his separation orders indicate
that he was released from active duty on 6 April 2004.
3. The applicant provides a copy of his separation orders and a copy of
the orders which ordered him to active duty in 2003 in support of Operation
Enduring Freedom.
CONSIDERATION OF EVIDENCE:
1. Documents available to the Board indicate that the applicant was a
member of the California Army National in July 2003 when he was ordered to
active duty for a period not to exceed 270 day in support of Operation
Enduring Freedom. The order, issued by the Office of the Adjutant General,
State of California, on 2 July 2003, indicate that the applicant was
required to report to Fort McCoy, Wisconsin on 19 July 2003. The
applicant’s separation document confirms that he did enter active duty on
that date.
2. According to the applicant’s separation document, he was deployed to
Bosnia from 19 August 2003 until 22 February 2004 during which time he was
in a designated imminent danger pay area. While deployed, the applicant
performed duties with the 634th Military Intelligence Battalion.
3. Orders issued on 26 February 2004, by Headquarters, Fort McCoy,
indicate that the applicant was released from active duty on 6 April 2004
at Fort McCoy, and returned to his California Army National Guard
organization.
4. Notwithstanding the information contained on the applicant’s separation
order, his separation document indicated in item 12b (separation date this
period) that he was released from active duty on 18 July 2004, and that his
“net active service this period” was 1 year. The applicant authenticated
the separation document.
5. The applicant’s initiated his application to this Board on 5 May 2004
and indicated that he discovered the error on his separation document on 1
March 2004.
DISCUSSION AND CONCLUSIONS:
1. While the applicant does not address the reason his separation document
was not corrected prior to his discharge, in spite of noting the error on 1
March 2004, more than a month prior to his April separation date, the
evidence supports a conclusion that the applicant was released from active
duty on 6 April 2004. His separation orders which were issued at Fort
McCoy shortly after he returned to the United States following his
deployment to Bosnia supports this conclusion.
2. Although the applicant may have authenticated his separation document,
the fact that he initiated his request to have the document corrected in
May 2004, more than 2 months prior to the July separation date reflected on
the separation document, supports a conclusion that the July 2004
separation was incorrect.
3. Additionally, the orders which ordered the applicant to active duty in
2003 were for a period not to exceed 270 days. Based on the information
contained on his separation document the applicant would have been on
active duty for 365 days, thereby exceeding the number of authorized active
duty days. Separation on 6 April 2004, after approximately 260 days is
consistent with the information contained in his activation orders.
4. In view of the foregoing, it would be appropriate, and in the interest
of justice and equity, to correct the applicant’s separation document to
show that he was released from active duty on 6 April 2004 vice 18 July
2004, and that his period of active service was for 8 months and 18 days,
vice the 1 year currently recorded.
BOARD VOTE:
___RW__ ___JM___ __JR ___ 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
showing that he was released from active duty on 6 April 2004 vice 18 July
2004 and that he served a period of 8 months and 18 days of active service
vice the
1 year currently shown.
____ Raymond Wagner_____
CHAIRPERSON
INDEX
|CASE ID |AR20040002996 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050315 |
|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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