IN THE CASE OF:	  

		BOARD DATE:	      28 October 2008

		DOCKET NUMBER:  AR20080011569 


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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his correct dates of deployment to Iraq and completion of his first term of service.  He also requests to receive pay for his active duty during the period from 13 February to 6 May 2008; and pay for his accrued leave.  The applicant also submitted a request to upgrade his discharge which included adding the Combat Lifesavers Course to his DD Form 214.

2.  The applicant states, in effect, that his dates of deployment are incorrect, that he did not receive pay for his active duty service from 13 February to 6 May 2008, and that he was not paid for his accrued leave.

3.  The applicant provides copies of his DD Form 214, a Statement of Wartime Service, an extract of medical records, an Enlisted Record Brief (ERB), and the first page of his enlistment contract.  He indicates that he attached copies of extension orders and a reenlistment memorandum; however, these items were not attached.

CONSIDERATION OF EVIDENCE:

1.  The evidence of record shows that the applicant was discharged within the previous 3 years.  The Army Discharge Review Board (ADRB) retains jurisdiction in discharge cases for a period of 3 years from discharge.  Accordingly, the applicant's request, with enclosures, for upgrade of his discharge was separated from this action and forwarded to the ADRB.  The issue of upgrading his discharge will not be further discussed in these proceedings.

2.  On 1 April 2005, the applicant enlisted in the United States Army Reserve for a period of 8 years.  On 16 June 2005, he requested to be discharged from the Delayed Entry/Enlistment Program and to enlist in the Regular Army for a period of 2 years and 16 weeks [4 months].

3.  On 16 June 2005, the applicant was assigned to Fort Benning, Georgia, for his initial training.  On or about October 2005, the applicant completed his training and was awarded military occupational specialty 11B (Infantryman).  He was subsequently assigned for duty with the 4th Battalion, 31st Infantry Regiment, at Fort Drum, New York.

4.  The applicant's ERB, dated 2 May 2008, shows in Section I (Assignment Information) that he was deployed to Iraq from 16 August 2006 to 27 October 2007.  His ERB also shows in Section III (Service Data) that the expiration of his term of service was 13 February 2009.  Section VI (Military Education) of his ERB is blank.

5.  The applicant's DD Form 214 shows that on 6 May 2008, he was discharged under the authority of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  The form does not show that he had extended his term of service or had reenlisted.  No lost time was shown.

6.  Item 12c (Net Active Service This Period) of the applicant's DD Form 214 shows 2 years, 10 months, and 21 days.  Item 12f (Foreign Service) shows 1 year and 16 days.

7.  Item 18 (Remarks) of the applicant's DD Form 214 shows his period of service in Iraq as 15 August 2006 to 30 August 2007, and that he "has not" completed his first full term of service.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.   It provides, in pertinent part, that Item 18 (Remarks) will contain the mandatory entry:  "Soldier (has) (has not) completed first full term of service."  It further provides that if the entry in Item 12c of the Soldier's DD Form 214 exceeds the initial period of service on the Soldier's enlistment contract, "has" will be entered in Item 18 (Remarks).

9.  Army Regulation 635-5 further prescribes that Item 18 (Remarks) for active duty Soldiers deployed with their units will contain the entry:  "Service in (name of country deployed) from (beginning date) to (ending date).

10.  The applicant's military service pay records are not available for review.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted for a period of 2 years and 4 months.  He subsequently completed a period of active duty service of 2 years, 10 months, and 21 days.  Therefore, his DD Form 214 should be corrected to show that he "has" completed his first full term of service.

2.  The evidence of record shows that he served in Iraq from 16 August 2006 to 27 October 2007 (1 year, 2 months, and 12 days).  Therefore, his DD Form 214 should be corrected to show this period of deployed service in Iraq.

3.  There is no evidence showing that the applicant was enrolled in or completed the Combat Lifesavers Course.  Therefore, this training should not be shown on his DD Form 214.

4.  There is no available evidence of record showing that the applicant was not properly compensated for all of his active duty service and accrued leave.  Therefore, his request to correct the records to show entitlement to additional pay should be denied.

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.  showing in Item 12f of his DD Form 214:  1 year, 2 months, and 12 days; and

   b.  showing in Item 18 of his DD Form 214 that he "has" completed his first full term of service and that he served in Iraq from 16 August 2006 to 27 October 2007.

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 the Combat Lifesavers Course and for payment for active duty service and accrued leave.



      __________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)                                         AR20080011569



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ABCMR Record of Proceedings (cont)                                         AR20080011569



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