RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060003553


      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. John Infante                  |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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), dated 17 February 2006, to show the entry "2006 02 27"
(27 February 2006), or the entry "2006 02 28" (28 February 2006), instead
of the entry "2006 02 17" (17 February 2006).

2.  The applicant states, in effect, that item 12b, of his DD Form 214,
should show the entry "2006 02 27" (27 February 2006), or the entry "2006
02 28" (28 February 2006), instead of the entry "2006 02 17" (17 February
2006).  He also states that his leave was lost in a paper shuffle and the
clerks at one station made errors due to the number of Soldiers clearing.
He states that both DD Forms 214 are wrong and he did not sign the last
(second) one and signed the first one by mistake.  He did not catch the
error until the second DD Form 214 was prepared.

3.  The applicant provides two copies of his DD Forms 214, dated
15 February 2006 and 17 February 2006, and a copy of his Reserve Component
(RC)/Leave Form in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the
rank of second lieutenant (2LT/O-1) on 22 August 1975, with prior enlisted
service.  He was promoted to lieutenant colonel (LTC/O-5) effective
18 August 1996.
He continued to serve until he was honorably released from active duty and
transferred to the USAR (United States Army Reserve) Control Group
(Retired).

2.  The applicant was ordered to active duty (AD), from a retired status,
in the rank of LTC, with a reporting date of 5 December 2005.  His period
of AD was not to exceed 270 days, unless extended or terminated by proper
authority, and he was to be released no later than 31 August 2006.

3.  The applicant was released from AD on 17 February 2006 and was
reassigned to the USAR Control Group (Retired Reserve).

4.  Item 12b, of his DD Form 214, dated 15 February 2006, shows the entry
"2006 02 15" (15 February 2006) and item 12b, of his DD Form 214, dated
17 February 2006, shows the entry "2006 02 17" (17 February 2006).

5.  The applicant provided a copy of his two DD Forms 214, dated
17 February 2006, and 15 February 2006.  Both forms show he entered active
duty on 5 December 2005; however, they are not in agreement on the date of
his release from AD.  Both forms indicate that he was transferred to the
USAR Control Group (Retired Reserve).  The DD Form 214, dated 15 February
2006, shows that he authenticated the form with his signature and the
DD Form 214, dated 17 February 2006, indicates that he refused to sign.

6.  The applicant provided a copy of his RC/Leave Form, which shows that
his tour began on 5 December 2005 and with an end date of 26 February 2006.
 It also shows that he was scheduled for transitional leave from
20 February to 26 February 2006, he earned 7 days leave, and used 7 days
leave.  It further shows that the form was initialed by the finance clerk
and signed by the applicant.

7.  On 2 October 2006, a staff member of the Board contacted the applicant
to determine if he had orders reassigning him to a separation transfer
point to be processed for his release from AD.  The applicant provided
Orders 048-0187, Headquarters, III Corps and Fort Hood, Texas, dated
17 February 2006.  These orders show the applicant was released from AD
effective 17 February 2006.

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 the Soldier is separated early, voluntarily
extends, or is extended to make up lost time, or retained on AD for the
convenience of the Government.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was ordered to active duty on 5 December 2005, from a
retired status, in support of Operation Enduring Freedom, and was released
from AD on 17 February 2006.

2.  The DD Form 214 which was prepared on 15 February 2006 is incorrect and
should be voided.

3.  The DD Form 214 with an effective date of release from AD of
17 February 2006 is correct, despite the applicant's refusal to sign it.



4.  The applicant alleges that his leave was lost in a paper shuffle and
the clerks at one station made an error due to the number of Soldiers
clearing.  There is no evidence, and the applicant has provided none, to
support this allegation.

5.  The applicant's RC/Leave Form does not support a change in his DD Form
214 to show a separation date of 27 or 28 February 2006.  The Board noted
that the applicant was apparently going to take transitional leave during
the period 20 to 26 February 2006 but was released from AD before these
dates arrived.  It was further noted the applicant was paid for 6 days
leave.

6.  The applicant has failed to provide a record to show that his release
from AD date was changed or corrected to show a release date of 27 or
28 February 2006.  Therefore, he is not entitled to correction of item 12b,
of his DD Form 214, dated 17 February 2006.

7.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JI ____  __KSJ___  _GJP____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.



2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by voiding his   DD Form 214, dated 15 February 2006.




                                  ____     John Infante_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003553                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20060217                                |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |135                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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