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ARMY | BCMR | CY2008 | 20080009519
Original file (20080009519.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  5 February 2009

		DOCKET NUMBER:  AR20080009519 


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 12b (Separation Date This Period) on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 April 2008 be corrected to show 1 May 2008.

2.  The applicant states, in effect, that the extended period of service reflected in the amendment orders, dated 2 April 2008, was not included in his active duty service.

3.  The applicant provides orders, dated 24 October 2007; amendment orders, dated 2 April 2008; and a copy of his DD Form 214 for the period ending 18 April 2008 in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  Having prior service, the applicant was ordered to active duty from the United States Army Reserve on 26 October 2007 for training in military occupational specialty (MOS) 25B (information technology specialist) for a period of 160 days. Orders, dated 2 April 2008, show the applicant’s active duty tour was extended to 188 days.  On 18 April 2008, the applicant was released from active duty.  

2.  The applicant’s DD Form 214 for the period ending 18 April 2008, which was authenticated in his own hand on 18 April 2008, shows the entry, “2008 04 18” in item 12b. 

3.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant passed the MOS 25B class and he signed this form on 18 April 2008.

4.  There is no evidence of record which shows the applicant was released from active duty on any date other than 18 April 2008.

DISCUSSION AND CONCLUSIONS:

Although the applicant contends that he was released from active duty on 1 May 2008, there is no evidence of record to support this contention.  The 2 April 2008 amendment orders do not show that he was released from active duty on 1 May 2008.  Evidence of record does show he signed his DD Form 214 and his DA Form 1059 on 18 April 2008.  Therefore, there is insufficient evidence on which to amend item 12b on his DD Form 214.  

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
      
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)                                         AR20080009519



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ABCMR Record of Proceedings (cont)                                         AR20080009519



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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