RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2007
      DOCKET NUMBER:  AR20070004291


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ronald J. Weaver              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |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, in effect, that the separation documents (DD
Forms 214) he received, dated 4 September 2003 and 5 September 2006, for
his enlisted and commissioned officer service be consolidated.

2.  The applicant states, in effect, he entered active duty in 1977 and his
net active service should be 9 years, 6 months, and 11 days.  He also
indicates he was stationed at the 121st General Hospital in Korea for about
a year, and in Iraq.

3.  The applicant provides the DD Forms 214 in question in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 25 February 1977, the applicant enlisted in the Regular Army and
entered active duty in an enlisted status.  He served in that status until
4 September 2003, at which time he was honorably separated. The DD Form 214
he was issued at the time shows he held the rank of sergeant and that he
had completed a total of 6 years, 6 months, and 10 days of active military
service.

2.  On 5 September 2003, the applicant was appointed a second lieutenant in
the Unites States Army Reserve and he was ordered to active duty in that
status as an obligated three year volunteer officer, and on 5 March 2005,
he was promoted to first lieutenant.

3.  The applicant's Officer Records Brief (DA Form 4037) shows he completed

12 months of service in Korea in 2000, and 12 months of service in Iraq in
2005.  It also shows that during his active duty tenure, he earned the
following awards:  National Defense Service Medal; Army Commendation Medal;
Army Achievement Medal (5); Army Good Conduct Medal (2); Global War on
Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Korea
Defense Service Medal; Noncommissioned Officer Professional Development
Ribbon; Army Service Ribbon; Overseas Service Ribbon (2); and Driver and
Mechanic Badge.

4.  On 5 September 2006, the applicant was honorably discharged under the
provisions of paragraph 3-5, Army Regulation 600-8-24, for Miscellaneous
General reasons.  The DD Form 214 he was issued shows he completed a total
of 3 years and 1 day during the period covered by the DD Form 214
(5 September 2003-5 September 2006) and 6 years, 6 months, and 10 days of
prior active military service, which totals 9 years, 6 months, and 11 days
of active military service.

5.  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 contains guidance on preparing and distributing the DD Form
214, and specifies when a DD Form 214 will be prepared.  The regulation
lists events that require a DD Form 214 to be prepared. Included in this
list is when a Soldier changes their status or component while serving on
active duty, which includes when an enlisted Soldier is discharged to
continue on active duty as commissioned or warrant officer.  The regulation
provides no provisions for consolidating
DD Forms 214 issued for different periods of active duty service performed
in separate statuses.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to consolidate the DD Forms 214 he was issued
for his enlisted service and for his officer service was carefully
considered.  However, by regulation, a DD Form 214 must be issued when an
enlisted Soldier is discharged in order to continue his active duty service
in a commissioned officer status.  There are no regulatory provisions that
allow for consolidation of DD forms 214 issued for different periods of
active duty performed in separate statuses.  Therefore, there is an
insufficient evidentiary basis to support granting the requested relief.

2.  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

__RJW  _  __JCR  __  __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.




                                  _____Ronald J. Weaver____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004291                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2006/09/05                              |
|DISCHARGE AUTHORITY     |AR 600-8-24                             |
|DISCHARGE REASON        |Misc/Gen Reasons                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]