RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 January 2008
	DOCKET NUMBER:  AR20070005071 


	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. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. Gerald J. Purcell

Chairperson

Mr. Donald L. Lewy

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, correction of his discharge document to show the correct date he entered into active duty and his overseas service in Iraq.

2.  The applicant states, in effect, that he was ordered to active duty in support of Operation Iraqi Freedom and reported to his unit on 26 June 2006, departed the mobilization station on 15 September 2006, arrived in Iraq on 16 September 2006, and departed Iraq on 2 November 2006.

3.  The applicant provides a copy of Headquarters, State of Ohio, Adjutant General’s Department, Columbus, Ohio, Orders 152-282, dated 1 June 2006; Headquarters, 285th Area Support Medical Company (Kuwait), Memorandum For Record, dated 16 September 2006, subject:  285th Area Support Medical Company, Deployment Closure Report; Headquarters, Task Force
146th Multifunctional Medical Battalion, LSA Anaconda, memorandum, dated
4 January 2007, subject:  Statement of Service; and DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 27 March 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the Army National Guard (ARNG) on 28 December 1994.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).  The applicant was honorably separated from the ARNG on 22 September 1997 after completing 2 years,
11 months, and 25 days service.

2.  The applicant’s military service records contain a DD Form 214, with an effective date of 22 September 2000.  This document shows, in pertinent part, that the applicant entered active duty in the Regular Army (RA) on 23 September 1997 and was honorably released from active duty on 22 September 2000 after completing 3 years net active service during this period.  This document also shows that the applicant transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

3.  The applicant’s military service records contain a DD Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 25 October 2006, which shows, in pertinent part, that the applicant enlisted in the ARNG on 17 March 2003 and that he extended his expiration term of service (ETS) to 16 March 2013.

4.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Human Resources Command, AHRC-PL-M-MS, Alexandria, Virginia, Orders A-11-628194, dated 8 November 2006.   These orders show, in pertinent part, that the applicant was retained on active duty to voluntarily participate in the Reserve Component Medical Holdover Medical Retention Processing Program for completion of medical care and treatment with an “End Date” of 4 May 2007.

5.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Human Resources Command, AHRC-PL-M-MS, Alexandria, Virginia, Orders A-11-628194R, dated 28 March 2007.   These orders show, in pertinent part, that the unexecuted portion of the orders to retain the applicant on active duty were rescinded, effective 27 March 2007.

6.  In support of his application, the applicant provides the following documents:

     a.  Headquarters, State of Ohio, Adjutant General’s Department, Columbus, Ohio, Orders 152-282, dated 1 June 2006, which show, in pertinent part, that the applicant was ordered to active duty in support of Operation Iraqi Freedom on
26 June 2006 under authority of Title 10, United States Code, section 12302.

     b.  Headquarters, 285th Area Support Medical Company (Kuwait), Memorandum For Record, dated 16 September 2006, subject:  285th Area Support Medical Company, Deployment Closure Report.  This document shows, in pertinent part, that the 285th Area Support Medical Company deployed into Kuwait in support of Operation Iraqi Freedom on 16 September 2006.

     c.  Headquarters, Task Force (TF) 146th Multifunctional Medical Battalion, LSA Anaconda, memorandum, dated 4 January 2007, subject:  Statement of Service.  This document shows, in pertinent part, the applicant’s battalion commander certified that the applicant served in support of Operation Iraqi Freedom from 16 September 2006 to 27 October 2006.

     d.  DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 27 March 2007.  This document shows that the applicant was assigned to the Medical Holdover Company, Walter Reed Army Hospital, Washington, DC, when he was honorably released from active duty on 27 March 2007.  Item 12 (Record of Service), block a (Date Entered AD [Active Duty] This Period) shows he entered AD this period on 22 November 1994; Item 12, block b (Separation Date This Period) shows he separated on 27 March 2007; Item 12, block c (Net Active Service This Period) shows he completed 9 months and
2 day net active service; and Item 12, block f (Foreign Service) shows he completed 3 years foreign service (this period).  Item 18 (Remarks), in pertinent part, contains the entry “DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION//SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN IRAQ 20060815-20061101//.”

7.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, which recommended approval of the applicant’s request.  Specifically, the advisory official recommends that the applicant’s DD Form 214, Item 12, block a, be corrected to show he entered active duty this period on 26 June 2006 and Item 18 be amended to reflect service in Iraq for the period 16 September 2006 to 27 October 2006.

8.  On 5 November 2007,  this agency referred the advisory opinion to the applicant for his review and comments within 15 days of the date of the letter; however, the applicant failed to respond.

9.  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 the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).

10.  Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It instructs for block a (Date Entered AD This Period) to enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued; for block b (Separation Date This Period) to enter the Soldier's transition date; and for block c (Net Active Service This Period) to enter the amount of service this period, computed by subtracting Item 12a from Item 12b.  

11.  The instructions for completing Item 12, Block f (Foreign Service) of the
DD Form 214 state to enter the total amount of foreign service completed during the period covered by Item 12, block c of the DD Form 214.  The instructions for preparation of Item 18 (Remarks), in pertinent part, state that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:  (1) “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section).”
(2) “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD).”  (3) “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS.”

DISCUSSION AND CONCLUSIONS:

1.   The applicant contends, in effect, that his discharge document should be corrected to show he entered active duty on 26 June 2006 and that he served in support of Operation Iraqi Freedom from 16 September 2006 to 2 November 2006.

2.  The evidence of record shows that the applicant served on active duty in the RA from 23 September 1997 to 22 September 2000 and that he was issued a
DD Form 214 for this period of service when he was released from active duty.

3.  The evidence of record shows that the applicant was ordered to active duty in support of Operation Iraqi Freedom on 26 June 2006 and was released from active duty on 27 March 2007.  The evidence of record also shows that upon his release from active duty, Army officials issued the applicant a DD Form 214 covering the period of service from 22 November 1994 to 27 March 2007.  
The evidence of record further shows that Item 12, block c, shows the applicant served 9 months and 2 days net active service during this period.  

4.  The evidence of record shows that the instructions for Item 12, block a (Date Entered AD This Period) state to enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued (emphasis added).  Thus, it is clear that Army officials erred when they entered 22 November 1994 as the date the applicant entered active duty this period.  This error is supported by the fact that Item 12, block c (Net Active Service This Period) of the applicant’s DD Form 214 is correctly calculated and shows he completed 9 months and 2 days net active service during the period of service under review.  Therefore, block a, Item 12 of the applicant’s
DD Form 214 should be corrected to show that he entered active duty this period on 26 June 2006.

5.  Item 18 (Remarks) of the applicant’s DD Form 214 shows that he served in Iraq from 15 August 2006 to 1 November 2006.  However, the applicant claims that this is in error and that he served in Iraq from 16 September 2006 to
2 November 2006.  In support of his claim the applicant provides documentary evidence issued by his company commander and battalion commander that document the applicant’s service in support of Operation Iraqi Freedom; however, this period of service is from 16 September 2006 to 27 October 2006 (vice 2 November 2006).  Thus, the applicant provides insufficient evidence in support of his claim.  Nonetheless, the applicant provides sufficient evidence to support correction of his discharge document to show that he served in Iraq from 16 September 2006 to 27 October 2006, which equates to 1 month and 12 days. Therefore, the applicant’s discharge document should be corrected to properly document the date he was ordered to active duty, the dates deployed to a foreign country, and the period of this overseas service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____DLL   __GP____  __DWT _  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 that all Department of the Army records of the individual concerned be corrected by correcting the applicant’s DD Form 214, as follows:

     a.  Item 12 (Record of Service), Block a (Date Entered AD This Period)
		  Delete:  "1994 [Year(s)]  11 [Month(s)]  22 [Day(s)]"
		  Add:      "2006 [Year(s)]  06 [Month(s)]  26 [Day(s)]"

     b.  Item 12 (Record of Service), Block f (Foreign Service).
		  Delete:  "0003 [Year(s)]  00 [Month(s)]  00 [Day(s)]"
		  Add:      "0000 [Year(s)]  01 [Month(s)]  12 [Day(s)]"


     c.  Item 18 (Remarks)
		Delete:  "//SERVICE IN IRAQ 20060815-20061101//”	           
Add:  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER 10 USC 12302//SERVICE IN IRAQ FROM 20060916-20061027//SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS//NOTHING FOLLOWS”

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 overseas service in support of Operation Iraqi Freedom from 16 September 2006 to 2 November 2006.




______Gerald J. Purcell____
          CHAIRPERSON




INDEX

CASE ID
AR20070005071
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080124
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20070327
DISCHARGE AUTHORITY
AR 635-200, Chapter 4
DISCHARGE REASON
Completion of Required Active Service
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.0000.0000
2.

3.

4.

5.

6.