RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 June 2007
DOCKET NUMBER: AR20070001210
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Sherri V. Ward
Chairperson
Mr. Richard T. Dunbar
Member
Mr. David W. Tucker
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his correct date of release. He also requests award of the Overseas Service Ribbon.
2. The applicant states, in effect, that he would like his DD Form 214 to reflect his correct date of release from military service.
3. The applicant provides a copy of his DD Form 214 Worksheet (DD Form 214WS), active duty orders with amendments, and orders awarding him his military occupational specialties.
CONSIDERATION OF EVIDENCE:
1. The applicants DD Form 214WS, for the period ending 4 June 2005, indicates that he was a specialist, pay grade E4, in the United States Army Reserve. The applicants actual DD Form 214 for the period of service indicated on the worksheet is not available for review.
2. Orders 03-335-00719, 65th United States Army Regional Readiness Command, Fort Buchanan, Puerto Rico, dated 1 December 2003, ordered the applicant to active duty effective 7 December 2003.
3. Orders A-12-412743, United States Army Human Resources Command, Alexandria, Virginia, dated 9 December 2004, retained the applicant on active duty and ordered him to report to the Medical Retention Center, Fort Gordon, Georgia, on 8 December 2004.
4. Orders 031-84, United States Army Garrison, Fort Buchanan, Puerto Rico, dated 31 January 2004, reassigned the applicant to Kuwait in support of Operation Iraqi Freedom. It provided a will proceed date of on or after
6 February 2004.
5. Orders A-12-412743AO1, United States Army Human Resources Command, Alexandria, Virginia, dated 12 May 2005, amended Orders A-12-412743 identified above, to extend the applicants period of active duty from 179 days to 358 days, with an ending date of 30 November 2005.
6. Review of the applicants records showed no DD Form 214 on file for the period of active duty service in question.
DISCUSSION AND CONCLUSIONS:
1. The applicants records do not contain a copy of his DD Form 214 for the period of active duty that commenced on or about 7 December 2003. He has only provided a copy of the worksheet used to prepare the actual separation document.
2. While the applicant has provided copies of his orders showing when and where he was to report while on active duty, there is no available evidence to show the actual dates and places of his active duty. Such documents as his Enlisted Record Brief and paid travel vouchers would provide the kind of evidence necessary to verify the applicants actual dates of active duty.
3. The applicant has not specified in his request what he believes to be the correct dates of his active duty.
4. The available evidence does not confirm that the applicant actually served overseas in support of Operation Iraqi Freedom. Therefore, his request for award of the Overseas Service Ribbon should not be granted.
5. The available evidence is insufficient to accurately determine the dates of the applicants active duty.
6. In view of the above, the applicants request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ SVW__ __RTD __ __DWT _ 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.
___ Sherri V. Ward ___
CHAIRPERSON
INDEX
CASE ID
AR20070001210
SUFFIX
RECON
DATE BOARDED
20070621
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.0079
2.
110.0100
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050009255C070206
Evidence of record shows that the applicant and his family were stationed in Puerto Rico; that the applicant received orders, was reassigned to a dependent restricted tour, and arrived in Honduras on 16 April 2003; and that his family remained in Puerto Rico until his return to Puerto Rico on 18 May 2004. The advisory opinion offers that the evidence of record indicates that, prior to reporting to Honduras, the applicant was improperly advised that his COLA and OHA allowances would continue...
ARMY | BCMR | CY2007 | 20070007061
The opinion enclosed DA Forms 3349s dated 11 June 2006 and 11 December 2006, showing the applicant was on a physical profile during these periods and was unable to perform his military duties and responsibilities. The advisory opinion also stated that Army Regulation 135-381, paragraph 1-8 provides that a member who is unable to perform military duties because of incapacitation is entitled to full pay and allowances, including all incentive pay to which entitled, less any civilian earned...
ARMY | BCMR | CY2013 | 20130017919
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: The applicant's request, statement, and supporting documents are provided by his counsel. The applicant's counsel argues that at the time the applicant completed the DDESS enrollment form on 30 April 2007 his assignment in Puerto Rico was scheduled to terminate on 25 July 2008 and the applicant had not been informed that his request for extension had been denied; therefore, the applicant did not make a false official statement. In regard to...
ARMY | BCMR | CY2008 | 20080002611
The applicant had 183 of those days in a 10 U.S.C. COTTAD requests will not exceed the maximum number of days authorized under the mobilization order. Evidence shows that the applicant was involuntarily mobilized for 1010 days during the periods 14 February 2003 through 13 August 2004 and 25 August 2005 through 30 November 2006.
ARMY | BCMR | CY2006 | 20060013454C071108
The Puerto Rico Army National Guard Element, Joint Forces Headquarters, Enlisted Promotion Board List, dated 8 December 2005, shows the applicant was selected for promotion to the rank of SFC in MOS 31B4 with a score of 694. Evidence shows that the Puerto Rico Army National Guard EPS Board E7 Roster FY 2003 selected the applicant for promotion to the grade of SFC on 19 February 2003. There is no evidence in the available records which show that the applicant was flagged or otherwise...
ARMY | BCMR | CY2008 | 20080013670
Army Regulation 635-5 (Personnel Separations), in effect at the time, established uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation of enlisted and warrant/commissioned officer personnel. If the grade at the time of separation was not permanent, the permanent grade, date of appointment, and date of rank if different from the date of appointment is entered in item 38. The evidence of record shows that the...
ARMY | BCMR | CY2007 | 20070000068
The Chief, Personnel Policy and Readiness Division concluded that applicant served 251 days in excess of 730 days allowed in an involuntary status and as a result his voluntary mobilization orders should have commenced on 14 May 2007. Evidence shows that the applicant was involuntarily mobilized for 981 days during the period 15 March 2005 through 24 May 2006 and during the period 23 July 2006 through 19 January 2008. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2004 | 20040010538C070208
Michael Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Although the available evidence of record does not contain sufficient evidence to establish the dates he served in Iraq, for entry on his DD Form 214, he is entitled to be awarded the Iraq Campaign Medal for his service in Iraq. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.
ARMY | BCMR | CY2013 | 20130003191
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change: * Item 7a (Place of Entry on Active Duty) from "Fort Buchanan, Puerto Rico (PR)" to "San Antonio, TX" * Item 7b (Home of Record (HOR) at Time of Entry) from "HC-- Box 2---- BO, Rio Guaynabo, PR 00971" to "1-- Ingram, San Antonio, TX 78234" 2. By law and regulation, the HOR is the place recorded as the home of the individual at the time of their enlistment or induction,...
ARMY | BCMR | CY2008 | 20080019282
The applicant provides a request for AIP payment, dated 29 May 2007, which shows, in effect, that he requested to receive AIP at the rate of $1000 per month commencing with his completion of 22 months of involuntary mobilization under the provisions of Title 10, U.S. Code, section 12302. Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, stated that the COTTAD policy applied to Soldiers in the following categories: Category 1: Applies to...