RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20080000472
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.
The following members, a quorum, were present:
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 he be issued a DD Form 214
(Certificate of Release or Discharge from Active Duty) for his active duty service of 3 months (July 2006 to September 2006) under Aeroshield Airport Security and grant him back pay as well as the award that he rightfully earned.
2. The applicant states, in effect, that members of the Department of Veterans Affairs (DVA) and Department of Defense (DOD) told him by law as an active Reservist he is entitled to a DD Form 214 for retirement points. The assignment was a State emergency funded mission in California. The mission was unfair and disorganized. His pay was miscalculated and he was underpaid by at least $1,000.00 to $3,000.00 and his award was never completed.
3. The applicant provides a copy of his DD Form 214, dated 25 February 1999, a fax cover sheet, and a copy of a Casework Form, from a Member of Congress (MOC), in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the California Army National Guard on 19 July 2002, for 7 years and 30 weeks, with prior service. He was trained as a Dental Specialist, in military occupational specialty (MOS), 91E. He was promoted to staff sergeant (SSG/E-6) on 16 November 2007.
2. The applicant provided a copy of a Casework Form, from an MOC, Subject Military Complaint of DD Form 214, with Back Pay and Award. He indicated that his home of record (HOR) was El Centro, California, for 16 years until 11 May 2007 when he relocated to San Diego, California, city of Logan Heights, on the date of his marriage. He stated that he included this comment because he did not know if this was considered part of the 51st Congressional District. He also stated My temporary military duty station is here again in my old H.O.R. with the Southwest Border Mission. This is why I am here.
3. An advisory opinion was provided by the Deputy Director, National Guard Affairs Office, US Army Human Resources Command (AHRC), dated 21 February 2008. The opinion stated that the applicant performed Emergency State Active Duty for Operation Aeroshield (July 2006 through September 2006). He was not in a Federal status. He was activated under the authority of the California Governor and the California Military Veterans Code (CMVC) Section 146. The opinion stated that a DD Form 214 is only given to Soldiers that are activated in a Federal active duty status. Therefore, the applicant did not qualify for a DD Form 214; but, he was awarded the State Ribbon for his service.
4. The applicant was provided a copy of the advisory opinion for possible comment prior to consideration of this case. The applicant was provided 20 days to submit matters in his behalf. The applicant failed to respond within the time allotted.
5. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from Active Duty. A DD Form 214 will be prepared for members of the Army National Guard, in a Federal status, and the Army Reserve who completed 90 days or more of continuous active duty, full-time training duty, active duty support, completion of IADT which resulted in award of a military occupational specialty (MOS) or from a special duty training program tour.
DISCUSSION AND CONCLUSIONS:
1. The advisory opinion provided by AHRC indicated that the applicant performed Emergency State Active Duty for Operation Aeroshield, for 3 months, from July 2006 through September 2006, and he was not in a Federal status. He was activated under the authority of the California Governor and CMVC Section 146. He was awarded the State Ribbon for his service.
2. Army Regulation 635-5 requires the issuance of a DD Form 214 for members of the ARNG, in a Federal status. Therefore, he is not entitled to be issued a DD Form 214 for the period of service from July 2006 to September 2006.
3. ARNG personnel called to active duty during a State of Emergency will be compensated by their State. Therefore, the applicant is not entitled to any back pay or allowances by the Federal government.
4. In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise 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
___x____ ___x____ ___x____ 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.
__________x____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000472
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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