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ARMY | BCMR | CY2008 | 20080009450
Original file (20080009450.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  13 November 2008

		DOCKET NUMBER:  AR20080009450 


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 item 11 (Primary Specialty) of his DD Form      214 (Certificate of Release or Discharge from Active Duty) for the period ending  23 March 2008 be corrected to show he served in military occupational specialty (MOS) 46Z (Chief Public Affairs Noncommissioned Officer) for 2 years and          5 months; that item 12a (Date Entered AD (active duty) this Period) be corrected to show he entered active duty on 16 October 2005; that item 12c (Net Active Service this Period) be corrected; that item 12d (Total Prior Active Service) be corrected; and that he be given retirement points from 26 July 2007 through      23 March 2008.

2.  The applicant makes no additional statement.

3.  The applicant provides his DD Form 214 for the period ending 23 March 2008; a Defense Meritorious Service Medal; active duty orders, dated 13 September 2005; deployment orders, dated 26 October 2005; active duty orders, dated          6 September 2006; release from active duty orders, dated 23 January 2008; and a Chronological Statement of Retirement Points, dated 27 November 2007.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the U. S. Army Reserve, the applicant again enlisted in the U. S. Army Reserve on 26 July 1976.

2.  Effective 16 October 2005, the applicant was ordered to active duty for       365 days in the rank and grade of Master Sergeant, E-8, in MOS 46Z.
3.  Effective 16 October 2006, the applicant was again ordered to active duty.

4.  The applicant was released from active duty on 23 March 2008.  

5.  Item 11 of the applicant's DD Form 214 for the period ending 23 March 2008 contains the entry, "46Z5O PUBLIC AFFAIRS CHIEF - 1 YRS 5 MOS//NOTHING FOLLOWS."

6.  Item 12a of the applicant's DD Form 214 for the period ending 23 March 2008 shows he entered active duty on 16 October 2006; item 12c shows he completed 1 year, 5 months, and 8 days of net active service this period; and item 12d shows he had 5 months and 1 day of total prior active service.  

7.  Item 18 (Remarks) of the applicant's DD Form 214 for the period ending       23 March 2008 shows he separated on temporary records; that a DD Form      215 (Correction to DD Form 214) would be issued to provide missing information; and that item 12d did not account for annual and/or weekend training he may have accomplished prior to the date entered in item 12a.  

8.  On 11 August 2008, the applicant's DD Form 214 for the period ending         23 March 2008 was amended in item12a to show he entered active duty on      16 October 2005 and in item 12c to show he completed 2 years, 5 months, and   8 days of net active service this period.

9.  The applicant provided a Chronological Statement of Retirement Points, dated 27 November 2007, that shows he earned 3,408 retirement points as of retirement year ending 25 July 2007.

10.  A Chronological Statement of Retirement Points, dated 31 October 2008, shows the applicant earned 3,656 retirement points as of retirement year ending 19 March 2008.

11.  Army Regulation 635-5 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.  For item 12d, it states to enter the total amount of prior active military service less lost time, if any, taken from previously-issued DD Forms 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested that item 11 of his DD Form 214 for the period ending 23 March 2008 be corrected to show he served in MOS 46Z for 2 years and 5 months.  As this DD Form 214 has been corrected to show he served on active duty for an additional year, it appears that item 11 should also be amended to show he served in MOS 46Z5O for an additional year.

2.  The applicant requested that item 12a on his DD Form 214 for the period ending 23 March 2005  be corrected to show he entered active duty on             16 October 2005 and that item 12c be corrected.  These items on this DD Form 214 were corrected on 11 August 2008 and need not be addressed further.  A copy of the DD Form 215 reflecting these changes will be provided to the applicant.

3.  The applicant requested that item 12d of his DD Form 214 for the period ending 23 March 2008 be corrected.  This item currently shows he served           5 months and 1 day of prior active service.  That period was presumably the period he was on initial active duty for training.  Regulatory guidance is to enter in this item the total amount of prior active military service taken from previously- issued DD Forms 214.  There is no evidence that the applicant ever received a DD Form 214 for any prior active service other than the 5 months and 1 day currently shown.  Therefore, it appears that item 12d is correct as is.

4.  The applicant requested that he be given retirement points from 26 July 2007 through 23 March 2008.  His Chronological Statement of Retirement Points, dated 31 October 2008, shows he earned 3,656 retirement points as of 19 March 2008.  There is no evidence of record to show what might have happened to the applicant that would have given him a retirement year ending of 19 March 2008 and there is no evidence of record to show 19 March 2008 should be 23 March 2008.  If his Chronological Statement of Retirement Points contains an error, the applicant should contact the U. S. Army Human Resources Command - St. Louis, MO, directly to effect a correction.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  _____X___  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:

     a.  deleting the entry, "46Z5O PUBLIC AFFAIRS CHIEF - 1 YRS                     5 MOS//NOTHING FOLLOWS" from item 11 of his DD Form 214 for the period ending 23 March 2008; and

     b.  adding the entry, "46Z5O PUBLIC AFFAIRS CHIEF - 2 YRS                       5 MOS//NOTHING FOLLOWS" in item 11 of his DD Form 214 for the period ending 23 March 2008.

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 correcting item 12d of his DD Form 214 for the period ending 23 March 2008. 




      _______ _XXXX   _______   ___
       	   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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