IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080002224
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his separation date from active duty be changed.
2. The applicant states that his separation date from active duty is incorrect by reason of human error.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); his amendment Orders 009-393, dated 9 January 2006; his Separation Leave Records; his assignment Orders 010-702, dated 10 January 2005; and his active duty Orders 230-802, dated 17 August 2004.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the U.S. Marine Corps and the U.S. Marine Corps Reserve, he enlisted in the Army National Guard on 24 February 1996.
2. State of California, Office of the Adjutant General, Sacramento, California, Orders 230-802, dated 17 August 2004, show the applicant was ordered to active duty on 13 September 2004 in support of Operation Iraqi Freedom.
3. State of California, Office of the Adjutant General, Sacramento, California, Orders 009-393, dated 9 January 2006, amended Orders 230-802, dated 17 August 2004, to show the applicants period of active duty as 13-SEP-2004
- 15-NOV-2005.
4. His Separation Leave Records, dated 2 November 2005, show the period of his overseas tour as 13 September 2004 through 14 November 2005, a period of 428 days.
5. Item 12b (Separation Date This Period) on his DD Form 214 shows he entered active duty and was released from active duty on the same date of 13 September 2004.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that, for Item 12 (Record of Service), use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information. For Item 12b, enter the Soldiers transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make yup of lost time, or retained on active duty for the convenience of the Government.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was ordered to active duty in support of Operation Iraqi Freedom on 13 September 2004. At a later date, amendment orders were published to show his period of active duty as 13 September 2004 to 15 November 2005.
2. The applicant's Separation Leave Records show the period of his overseas tour as 13 September 2004 to 14 November 2005. However, his DD Form 214 was incorrectly prepared to reflect his separation date as 13 September 2004.
3. It appears that an administrative error has occurred in this case regarding the applicants separation date from active duty. Therefore, it would be appropriate to amend item 12b on his DD Form 214 to show the entry 2005 11 14, the date indicated in his Separation Leave Records.
BOARD VOTE:
xx______ xx______ xx______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry 2004 09 13 from item 12b on his DD Form 214; and
b. adding the entry 2005 11 14 to item 12b on his DD Form 214.
xxxxxxxx_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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