IN THE CASE OF:	  

	BOARD DATE:	  03 July 2008

	DOCKET NUMBER:  AR20080002263 


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 DD Form 214 be corrected to show in item 9 that he was transferred to “HHC 55th BCT, (WXB8AA) 900 Adams Avenue, Scranton, Pennsylvania 18510.”  He also request that his records be corrected so he has no break in service.

2.  The applicant states that due to his DD Form 214 having “N/A” in item 9, he was discharged completely from the military and he never intended to be discharged altogether.  He goes on to state that he requested and believed that he was transitioning from active duty to the Pennsylvania Army National Guard (PAARNG).  As a result, he now has an unintended break in service from 13 July 2006 through 12 September 2007.  He also states that he was unaware that he had been discharged from the military until 8 August 2007 when he was making final preparation for the Federal Recognition Board. 

3.  The applicant provides a two-page explanation of his application, a copy of his DD Form 214, a copy of his transition orders, a copy of his Request for Reserve Component Assignment Orders (DA Form 6691-R), a memorandum from the PAARNG Recruiting and Retention Branch, a letter of acceptance, a branch predetermination memorandum, and a copy of an email regarding his branch transfer. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a United States Army Reserve air defense second lieutenant on 12 October 1997 and was ordered to active duty on 3 February 1998 at Fort Bliss, Texas, where he completed the Air Defense Officer Basic Course and the Air Defense Officer Patriot Course.  He remained assigned to Fort Bliss after his training and was promoted to the rank of first lieutenant on 2 August 1999. 

2.  In September 2000, he was transferred to Korea for a 12-month tour.  He subsequently accepted a Regular Army appointment and was promoted to the rank of captain (CPT) on 1 September 2001.  He departed Korea on 28 September 2001 for attendance at the Air Defense Officer Advanced Course at Fort Bliss.  

3.  Upon completion of the advanced course he was transferred to Einsiedle, Germany, where he served a 3-year tour before returning to Fort Bliss in June 2005. 

4.  On 19 April 2006, discharge orders were published directing the applicant’s discharge on 12 July 2006.  The additional instructions contained in those orders indicate that any temporary commissions or appointments held were terminated. They further indicated that the applicant would be assigned to “28th Division Tactical Command (PO), 14th and Calder Street, Harrisburg, Pennsylvania 17103.”

5.  On 11 July 2006, the Reserve Component Career Counselor completed a DA Form 6691-R indicating that the applicant had accepted a 3-year agreement to serve in a unit (specified) the PAARNG for a period of 3 years.  The applicant also signed the agreement. 

6.  On 12 July 2006, the applicant was honorably discharged under the provisions of Army Regulation 600-8-24 due to miscellaneous/general reasons.  He had served 8 years, 5 months and 11 days of total active service and in block 9 (Command to which Transferred) of his DD Form 214 is the entry “N/A.” 

7.  A review of the applicant’s official records failed to show that he accepted a Reserve Component commission in the USAR or the National Guard until 29 August 2007, when he accepted an appointment in the Army National Guard.

8.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that when an officer is discharged (including resignation of Regular Army commissioned officers) and accepts a USAR officer/warrant officer appointment or enlists with specific troop program unit (TPU) assignment, the designation of the TPU to which assigned will be entered on the DD Form 214.

9.  Army Regulation 600-8-24 (Officer Transfers and Discharges) prescribes the policies and procedures governing the transfer and discharged of Army officer personnel.  It provides, in pertinent part, that under normal circumstances any officer (Regular Army or other than Regular Army (OTRA) may submit a request for unqualified resignation, provided all service remaining requirements and the military service obligations (MSO) have been met.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 was improperly prepared because his assignment to a PAARNG unit was not indicated in block 9 has been considered and appears to have merit.  While the unit the applicant was scheduled to be transferred to is not where he ultimately ended up being assigned to, the entry in block 9 should have reflected his assignment to a PAARNG unit.  

2.  Accordingly, it would be in the interest of justice to correct his DD Form 214 to show in block 9, that he was transferred to HHC 55th BCT (WXB8AA) 900 Adams Avenue, Scranton, Pennsylvania  18510.

3.  The applicant’s contention that he should have been released from active duty instead of being discharged has been considered and found to lack merit.  As a Regular Army officer, he had only one choice, to be discharged.  After his discharge from the Regular Army he could have requested and if offered, accepted a Reserve Component commission.  However, his DD Form 214 correctly reflects his discharge and any events that follow his discharge, such as his subsequent acceptance of a Reserve commission, are not authorized to be reflected on the DD Form 214 in question. 

4.  There is no record of the applicant accepting a Reserve commission until 29 August 2007.  Therefore, absent such evidence, there appears to be no basis to show that the applicant had continuous service since his discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 showing in block 9 of his DD Form 214 that he was transferred to HHC, 55th BCT (WXBAA) 900 Adams Avenue, Scranton, Pennsylvania 18510.

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 amending his records to show no break in service.  




      ___        XXX                ___
                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.

ABCMR Record of Proceedings (cont)                                         AR20080002263



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ABCMR Record of Proceedings (cont)                                         AR20080002263



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