IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080010587
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he was released from active duty on 2 July 2007.
2. The applicant states, in effect, that he served on active duty until 2 July 2007 and that his DD Form 214 needs to be corrected to show that date.
3. The applicant provides copies of his DD Form 214, DD Form 215 (Correction to DD Form 214), and his active duty orders with amendment, in support of his application.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a sergeant (SGT), pay grade E-5, in the United States Army Reserve.
2. Orders A-07-618394, United States Army Human Resources Command, Alexandria, Virginia, dated 19 July 2006, ordered the applicant to active duty in support of Operation Noble Eagle. He was ordered to active duty effective
20 August 2006, for a period of 154 days with an end date of 20 January 2007.
3. Orders A-07-618394A01, United States Army Human Resources Command, Alexandria, Virginia, dated 7 December 2006, amended Orders A-07-618394 to change his period of active duty from 154 days to 274 days and his ending date from 20 January 2007 to 20 May 2007.
4. The applicants DD Form 214 shows in Item 12a (Record of Service Date Entered AD [Active Duty] This Period) that he entered active duty on 20 August 2004 and Item 12b (Separation Date This Period) shows he was released from active duty on 2 July 2007. His DD Form 214 also shows in Item 12c (Net Active Service This Period) that he completed 2 years, 9 months, and 1 day of creditable active duty during this period.
5. On 24 July 2007, a correction to his DD Form 214 was issued. It changed his date of separation from 2 July 2007 to 20 May 2007. It did not correct his date of entry or net active service for this period of service.
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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that the applicant was ordered to active duty effective 20 August 2006 for 154 days. His orders were subsequently amended to increase his active duty service requirement to 274 days, making his release date from 20 January 2007 to 20 May 2007. There are no available orders showing that this period of active duty was further extended to 2 July 2007.
2. Furthermore, the applicant has not provided any evidence showing that he was retained on active duty beyond 20 May 2007.
3. The evidence shows that the applicants DD Form 214 was issued with a release date of 2 July 2007 that was subsequently changed to read 20 May 2007. This change is supported by an amendment to the original orders and a corresponding DD Form 215 to correct his DD Form 214.
4. In view of the above, there does not appear to be any error or injustice with regard to the applicants date of release from active duty.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080010587
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