RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 June 2007
      DOCKET NUMBER:  AR20070000346


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dean A. Camarella             |     |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, a correction to the separation date
listed in Item 12b (Separation Date This Period) of his 8 August 2004
separation document (DD Form 214).

2.  The applicant states, in effect, the date of his separation listed in
Item 12b of his DD Form 214 should be 15 September 2004 and not 9 August
2004, as is currently listed.

3.  The applicant provides Joint Force Headquarters-Virginia Orders Number
251-204 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he served on active duty in an
enlisted status from 1 December 1964 through 19 December 1978, and that he
enlisted in the Army National Guard (ARNG) on 13 August 1999.  His record
shows he was promoted to sergeant (SGT) on 13 August 1990, that he held and
served in military occupational specialty (MOS) 92G (Food Service
Specialist).

2.  On 12 July 2002, Army Reserve Personnel Command (ARPERSCOM) Orders
Number A-07-293364 ordered the applicant to active duty on 16 June 2002,
for a period of 45 days.  Subsequent amendments to these orders extended
the period of active duty through August 2004.

3.  On 9 August 2004, the applicant was honorably released from active duty
(REFRAD), by reason of completion of required active service.  The DD Form
214 he was issued shows he completed a total of 2 years, 1 month and 24
days of active duty service during the period covered by the separation
document.  The applicant authenticated this document with his signature in
Item 21 (Signature of Member Being Separated) on the date of his REFRAD.

4.  On 7 September 2004, Joint Force Headquarters-Virginia Orders Number
251-304 directed the applicant's honorable discharge from the ARNG and his
transfer to the Retired Reserve, effective 15 September 2004.

5.  On 15 September 2004, the applicant was honorably discharged from the
ARNG, by reason of medical unfitness, and transferred to the Retired
Reserve.  The ARNG separation document (NGB Form 22) he was issued confirms
he held the rank of SGT and that he completed a total of 19 years, 1 month
and 10 days of service for retired pay purposes.
6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 stipulates that the entry in Item 12b will be the Soldier's
actual transition date from active duty.  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 active duty for the
convenience of the Government.  There are no provisions for adjusting this
date for subsequent non-active Reserve service completed subsequent to a
member's REFRAD.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the separation date listed on his DD
Form 214 should be changed to 15 September 2004 was carefully considered.
However, there is insufficient evidence to support this claim.

2.  The evidence of record contains active duty orders that confirm the
applicant was ordered to active duty on 16 June 2002, and through
subsequent amendments, his period of active duty was extended through
August 2004, and he was honorably REFRAD in accordance with these orders.


3.  By regulation, the separation date entered in Item 12b of the DD Form
214 will be the member's actual transition or separation date.  There are
no provisions that provide for adding inactive service completed in a
Reserve Component subsequent to a member's REFRAD to the DD Form 214.

4.  The applicant's record contains a properly constituted DD form 214 that
confirms the actual date he was REFRAD and transferred back to the Reserve
Components was 9 August 2004.  The applicant authenticated the DD Form 214
with his signature on the date of his REFRAD, 9 August 2004.  In effect,
his signature was his verification that the information contained on the DD
Form 214, to include the separation date in Item 12b, was correct at the
time the separation document was prepared and issued.  It also contains a
properly constituted ARNG Form 22 that confirms that subsequent to his
REFRAD, the applicant was honorably discharged from the ARNG and
transferred to the Retired Reserve on 15 September 2004.  Absent any
evidence that the applicant actually remained on active duty beyond 9
August 2004, there is an insufficient evidentiary basis to grant the
requested relief.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JTM  _  __WFC _  __DAC __  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.




                                  _____John T. Meixell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000346                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/08/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Comp of Req Svc                         |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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