RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20050015006


      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             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. James R. Hastie               |     |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, that his Army Reserve Obligation
Termination Date be changed on his DD Form 214 (Certificate of Release or
Discharge from Active Duty) to show 2008/03/31.  In a supplemental request,
the applicant requests correction to item 9 (Command to Which Transferred)
to show his current Army Reserve unit, correction to item 12e (Record of
Service Total Prior Inactive Service) to show total prior inactive service,
and correction to item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) of the DD Form 214 to show the
Combat Action Badge (CAB), and the Army Achievement Medal (AAM) (3rd
Award).

2.  The applicant states, in effect, that his original enlistment contract
shows that he enlisted into the Regular Army for four years, and that his
remaining Army Reserve obligation in the Inactive Ready Reserve after his
release from active duty was four years.  He also states that he would like
to be removed from the Inactive Ready Reserve and become a member of the
Army Reserves in Iowa.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 May 2004, the date of his release from active duty.
The application submitted in this case is dated 6 October 2005.

2.  The applicant's enlistment contract (DD Form 4/1 and DD Form 4/3) shows
that on 31 March 2000 he enlisted in the Army Reserve for a period of 8
years and 00 weeks.  This document also shows that on 30 August 2000 he
requested a discharge from the Army Reserve to enlist in the Regular Army
for a period of 
4 years and 00 weeks.

3.  The applicant was honorably discharged on 31 May 2004.  Item 6 (Reserve
Obligation Termination Date) of the applicant's DD Form 214 shows the entry
"Year 0000, Month 00, and Day 00."

4.  Item 9 (Command to Which Transferred) of the applicant's DD Form  
214 shows the entry "NA."

5.  Item 12e (Record of Service Total Prior Inactive Service) of the
applicant's DD Form 214 shows the entry "Years 0000, Months 00, and Days
00."
6.  The applicant's record shows his total prior inactive service as 5
months and 00 days.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows the applicant
was awarded the Army Commendation Medal, Army Achievement Medal  
(2nd Award), Army Good Conduct Medal, National Defense Service Medal, Army
Service Ribbon, Global War on Terrorism Service Medal, and Global War on
Terrorism Expeditionary Medal.  However, it does not show the award of the
CAB and the AAM (3rd Award).

8.  There is no order in the applicant's record that shows the award of the
CAB or AAM (3rd Award).

9.  Item 23 (Type of Separation) of the applicant's DD Form 214 shows the
entry "Discharge".

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment)
prescribes eligibility criteria governing the enlistment of persons, with
or without prior service, into the Regular Army (RA) and Army Reserve (AR).
 Paragraph
1-10 (AR Membership), in pertinent part, provides that service in the AR is
either statutory or contractual.  Under the provisions of Title 10, United
States Code, Section 651, each person who becomes a member of the U.S.
Armed Forces, either by enlistment, appointment, or induction, will serve
in the U.S. Armed Forces for a total initial period of 8 years.  Any part
of such service that is not active duty (AD) will be performed in a Reserve
Component.  A person's statutory military service obligation runs
concurrently with a contractual military service obligation.

11.  Paragraph 1-10 further provides, in pertinent part, that each person
who enlists or reenlists in the U.S. Armed Forces executes a contractual
agreement (DD Form 4) that establishes the terms of the service to be
performed in that U.S. Armed Force.  The contractual agreement will run
concurrently with any incurred statutory obligation.  However, following
termination of the statutory obligation, any subsequent military service
that is performed is served according to the terms of a contractual
agreement.

12.  The applicant requested correction of his records to show award of the
CAB. Requests for award of the CAB must be forwarded to the Commanding
General, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA, Alexandria,
Virginia 22332-0471.  This award may be requested by letter.  All requests
must contain the following:  (1) assignment, attachment or operational
control orders; (2) a copy of the Soldier's Enlisted Record Brief or DA
Form 2-1; (3) a copy of the chain of command endorsement; (4) a one-page
narrative description of the qualifying incident; (5) a certified copy of
the DD Form 214 (Certificate of Release or Discharge from Active Duty); and
(6) supporting documentation.  The applicant has been notified of the
procedures required to request the CAB.  Accordingly, there will be no
further discussion of this issue.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Army Achievement Medal is awarded to any member of the armed
forces of the United States, who while serving in a noncombat area on or
after 1 August 1981, distinguished themselves by meritorious service or
achievement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his Army Reserve Obligation
Termination Date on his DD Form 214 is incorrect.

2.  The evidence of record shows that an error was made during the
preparation of the applicant's DD Form 214 in item 6 (Reserve Obligation
Termination Date), which resulted in an incorrect Army Reserve Obligation
Termination Date that shows Year 0000, Month 00, and Day 00.  Therefore,
item 6 of the DD Form  
214 should be corrected to show Year 2008, Month 3, and Day 31.

3.  The evidence of record shows that the applicant should have been
transferred to the U.S. Army Reserve Control Group, St. Louis, Missouri,
upon released from active duty.  Therefore, item 9 (Command to Which
Transferred) of the DD Form 214 should be corrected to show this entry.

4.  The evidence of record shows that an error was made during the
preparation of the applicant's DD Form 214 in item 12e (Record of Service
Total Prior Inactive Service), which resulted in an incorrect total prior
inactive service of Years 0000, Months 00, and Days 00.  Therefore, item
12e of the DD Form  
214 should be corrected to show Years 0000, Months 5, and Days 00.

5.  Since the applicant should have been transferred to U.S. Army Reserve
Control Group, St. Louis, Missouri when he was separated, item 23 should
show "Release from Active Duty."  Therefore, item 23 of the DD Form 214
should be corrected to show Release from Active Duty.

6.  The evidence of record shows that the applicant understands the
available options under his enlistment contract and voluntarily submits a
request to this Board for correction of his military service obligation
under no coercion and for his benefit.

7.  There is no evidence that the applicant was awarded the AAM (3rd
Award); therefore, he is not entitled to correction of his record to show
this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jea___  ___ded _  ___jrh___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends all Department of the Army records of the individual concerned
be corrected by showing that his remaining Army Reserve Obligation
Termination Date in item  
6 of the applicant's DD Form 214 is Year 2008, Month 03, and Day 31; his
command to which transferred in item 9 is U.S. Army Reserve Control Group,
St. Louis, Missouri; his total prior inactive service in item 12e is Years
0000, Months 5, and Days 00, and his type of separation in item 23 is
Release from Active Duty.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the AAM  
(3rd Award).




                                  __________James E. Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015940                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT , DENY, GRANT PLUS)       |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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