IN THE CASE OF:
BOARD DATE: 05 FEBRUARY 2009
DOCKET NUMBER: AR20080012055
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, that the component shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period
11 February 2003 to 29 April 2004, which will simply be referred to as his
DD Form 214 throughout the remainder of these proceedings, be corrected to read USAR (for United States Army Reserve).
2. The applicant essentially states that he was a member of the USAR during the period covered by his DD Form 214, not the Army National Guard (ARNG). He also states that this error is affecting his entitlement to certain Federal pension programs.
3. The applicant provides his DD Form 214; orders, dated 10 February 2003, which ordered him to active duty on 11 February 2003; orders, dated 6 February 2004, which amended the previously mentioned orders; and his 12 January 2002 reenlistment contract in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a member of the USAR.
2. The applicant's military records show that on 12 January 2002, he reenlisted in the USAR for a period of 6 years. He was ordered to active duty in support of Operations Enduring Freedom and Iraqi Freedom on 11 February 2003, and served on active duty until he was honorably released from active duty on
29 April 2004.
3. Item 2 (Department, Component, and Branch) of the applicant's DD Form 214 essentially shows that he served on active duty in the ARNG from 11 February 2003 to 29 April 2004.
4. During the processing of this case, an advisory opinion was obtained from the Enlisted Personnel Directorate, United States Army Human Resources Command, St. Louis, Missouri. This office essentially recommends that the applicant's DD Form 214 be corrected by changing the component shown from ARNG to USAR.
5. A copy of this advisory opinion was forwarded to the applicant, and he concurred with the advisory opinion on 6 January 2009.
6. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214. For item 2, it essentially states that the component shown on the Soldier's enlistment contract would be entered, and that the authorized entries are RA (for Regular Army), USAR, ARNGUS (for Army National Guard of the United States), and Army-USMA-Cadet (for United States Military Academy cadets).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the component shown on his DD Form 214 should be corrected to show his component was USAR.
2. It is clear the applicant reenlisted in the USAR on 12 January 2002, and his active duty service from 11 February 2003 to 29 April 2004 was performed as a member of the USAR. Therefore, it would be appropriate at this time to correct his DD Form 214 to show that his component during the period covered by this document was the USAR.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that the applicant's DD Form 214 be corrected to show his component was the USAR.
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States during Operation Iraqi Freedom. The applicant and all Americans should be justifiably proud of his honorable service in arms.
_______ _ 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.
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