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ARMY | BCMR | CY2005 | 20050000578C070206
Original file (20050000578C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20050000578


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, in effect, correction of item 12b (Separation
Date This Period) of his DD Form 214 (Certificate of Release or Discharge
from Active Duty).

2.  The applicant states that he remained on active duty (AD) for an extra
month in order to clear the Clothing Issue Facility (CIF); however, his DD
Form 214 does not show this change.

3.  The applicant provides a copy of his DD Form 93 (Record of Emergency
Data) and a copy of his SGLV-8286 (Service Member's Group Life Insurance
Election and Certificate) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he entered AD on 21 January 2001
as a petroleum supply specialist (92F), with prior military service.  He
was promoted to specialist (SPC/E-4) effective 1 October 2002.

2.  The applicant's records contain a copy of Headquarters, 7th Infantry
Division and Fort Carson Orders 132-0013, dated 11 May 2004.  These orders
show that the applicant was assigned to the US Army Transition Center, Fort
Carson Colorado, for transition processing with a reporting date of 17 June
2004 and scheduled separation date of 18 June 2004.

3.  The applicant was separated on 18 June 2004.

4.  Item 12b (Separation Date This Period) of his DD Form 214 shows the
entry "2004 06 18" (18 June 2004) as his separation date.

5.  The applicant provides a copy of his DD Form 93 and SGLV-8286, which
are dated 15 July 2004, that were prepared and completed after his
scheduled separation date of 18 June 2004.

6.  The applicant did not provide orders to show that he was involuntarily
extended beyond his expiration term of service (ETS) for the convenience of
the Government.

7.  The applicant did not provide a copy of a leave and earning statement
(LES) to show that he received pay and allowances during his alleged
involuntary retention on active duty to clear CIF.

8.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It
states, in pertinent part, that item 12b (Separation Date This Period) will
be completed to show the Soldier's transition date.  This date may not be
the contractual date if Soldier is separated early, voluntarily extends, or
is extended for make up of lost time, or retained on AD for the convenience
of the Government.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was assigned to the US Army
Transition Center for transition processing on 17 June 2004 with a
scheduled separation date of 18 June 2004.  The applicant was separated
from AD on 18 June 2004, as evidenced by his DD Form 214.

2.  The applicant contends that he remained on AD for an extra month to
clear CIF.  The DD Form 93 and SGLV-8286, dated 15 July 2004, show these
forms were completed after his scheduled separation date, 18 June 2004.
However, there is no evidence in the available records, and the applicant
has failed to provide compelling evidence, to show that he was retained on
AD for an extra month for the convenience of the Government for the purpose
of clearing CIF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_TSK___  _PHM____  _CAK__    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.




                                  _    Ted S. Kanamine______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000578                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20040618                                |
|DISCHARGE AUTHORITY     |AR 635-200, chap 4                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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