IN THE CASE OF:	

		BOARD DATE:	  10 March 2009

		DOCKET NUMBER:  AR20080013833 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 May 2004:

	a.  include prior service in item 12d (Total Prior Active Service) and item 12e (Total Prior Inactive Service), 

	b.  change the effective date of pay grade in item 12h (Effective Date of Pay Grade), and

	c.  show he was deployed for Operation Joint Guardian in item 18 (Remarks).

2.  The applicant requests the following corrections to his DD Form 214 with a separation date of 15 March 2005:

	a.  change the effective date of pay grade in item 12h and 

	b.  show he was deployed for Operation Enduring Freedom in item 18.

3.  The applicant requests that item 18 of his DD Form 214 with a separation date of 20 January 2007 be changed to show his deployment to Landstuhl, Germany.

4.  The applicant states, in effect, the entries on his DD Forms 214 are not correct.
5.  The applicant provides copies of his DD Forms 214 with separation dates of 29 May 2004, 15 March 2005, and 20 January 2007 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's ARPC Form 249-E (Chronological Statement of Retirement Points), dated 23 February 2009, and DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)), dated 15 July 2003, show he had U.S. Army Reserve (USAR) commissioned service from 3 April 1971 to 28 February 1979, a period of 7 years, 10 months, and 26 days of inactive service.  The ARPC Form 249-E does not show any active duty performed by the applicant during this period.  He apparently had a break in service from this date.

2.  On 23 June 2003, the applicant was commissioned a lieutenant colonel/pay grade O-5 in the USAR.  His effective date of rank was 23 June 2003 and his date of rank was 28 July 2002.

3.  U.S. Army Human Resources Command, St. Louis (HRC-STL), MO, Orders M-01-400048, dated 30 January 2004, ordered the applicant to report no later than 1 February 2004 for active duty not to exceed 270 days for Operation Joint Guardian.

4.  On 29 May 2004, the applicant was released from active duty and returned the USAR Control Group (Individual Mobilization Augmentee (IMA)).  He had completed 3 months and 29 days of active duty.  Item 4a (Grade, Rate, or Rank) of his DD Form 214 with a separation date of 29 May 2004 showed he held the rank of lieutenant colonel at the time of his separation.  Items 12d and 12e of his DD Form 214 contain the entry "See Block #18."  Item 12h of his DD Form 214 contains the entry "2002 07 28" (2002 July 28).  Item 18 contains the entry "DD Form 215 will be issued to provide missing information."  Item 18 also contains the entry "Ordered to active duty in support of Operation Joint Guardian IAW [in accordance with] Title 10 USC [United States Code] 12304."

5.  The applicant's ARPC Form 249-E shows 133 active duty points for the retirement year 23 June 2003 to 22 June 2004.  The applicant's DD Form 214 with a separation date of 29 May 2004 documents 119 days of active duty.  There are no orders showing when the applicant was ordered to active duty for the remaining 14 days.

6.  HRC-STL Orders M-11-406272, dated 18 November 2004, ordered the applicant to report no later than 9 January 2005 for active duty not to exceed 365 days for the purpose of Partial Mobilization - Operation Enduring Freedom.  The authority indicated was 10 USC 12302.
7.  On 15 March 2005, the applicant was released from active duty and returned to the USAR Control Group (IMA).  He had completed 2 months and 7 days of active duty.  Item 4a of his DD Form 214 with a separation date of 15 March 
2005 showed he held the rank of lieutenant colonel at the time of his separation.  Item 12h of his DD Form 214 contains the entry "2002 07 28" (28 July 2002).  Item 18 contains the entry "Ordered to active duty in support of Operation Joint Guardian IAW 10 USC 12304."

8.  On 29 September 2006, the applicant was promoted to colonel/pay grade O-6 with an effective date and date of rank of 29 September 2006.

9.  HRC-STL Orders M-07-601461, dated 28 July 2006, ordered the applicant to report no later than 30 September 2006 for active duty not to exceed 365 days for the purpose of Partial Mobilization - Operation Enduring Freedom.  The authority indicated was 10 USC 12302.

10.  On 20 January 2007, the applicant was released from active duty and returned to the 4209th U.S. Army Hospital, Lexington, KY.  He had completed 3 months and 21 days of active duty.  Item 18 of his DD Form 214 with a separation date of 20 January 2007 contains the entry "Service in Germany 20061006-20070107" (6 October 2006 to 7 January 2007).

11.  In the processing of this case an advisory opinion, dated 3 December 2008, was provided by HRC-STL.  HRC-STL recommended the applicant's DD Form 214 for the period 30 September 2006 to 20 January 2007 be changed to show active duty service in Landstuhl, Germany, instead of Operation Enduring Freedom.  HRC-STL recommended the applicant's DD Form 214 for the period from 9 January 2005 to 15 March 2005 show active service in Operation Enduring Freedom.  HRC-STL also recommended the applicant's DD Form 214 for the period from 1 February 2004 to 29 May 2004 should show Operation Joint Guardian.

12.  On 23 January 2009, the applicant concurred with HRC-STL's recommendations.

13.  Army Regulation 635-5 (Separation Documents), in pertinent part, provides that item 12h of an individual's DD Form 214 will contain the date of promotion of the individual's current pay grade.

14.  Army Regulation 635-5, in pertinent part, provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's ARPC Form 249-E shows 133 active duty points for the retirement year 23 June 2003 to 22 June 2004.  However, his DD Form 214 for the period from 1 February 2004 to 29 May 2004 only documents 119 days of active duty.  There are no orders for active duty to show whether the applicant performed 14 days of active duty before or after the period shown on his DD Form 214.  HRC-STL should review his records and amend items 12d and 12e accordingly.

2.  The applicant was commissioned a lieutenant colonel on 23 June 2003 with an effective date of pay grade of 23 June 2003.  Therefore, item 12h of his DD Form 214 with a separation date of 29 May 2004 should contain the entry "2003 06 23" (23 June 2003).

3.  HRC-STL Orders M-01-400048, dated 30 January 2004, ordered the applicant to active duty for Operation Joint Guardian.  Item 18 of his DD Form 214 with a separation date of 29 May 2004 contains an entry showing he was ordered to active duty in support of Operation Joint Guardian.  Therefore, the entry in item 18 is correct.

4.  Based on the date of the applicant's commissioning, item 12h of his DD Form 214 with a separation date of 15 March 2005 should read "2003 06 23."

5.  HRC-STL Orders M-11-406272, dated 18 November 2004 ordered the applicant to active duty in support of Operation Enduring Freedom IAW 10 USC 12302.  Therefore, item 18 of his DD Form 214 with a separation date of 15 March 2005 should contain the entry "Ordered to active duty in support of Operation Enduring Freedom IAW 10 USC 12302" instead of "Ordered to active duty in support of Operation Joint Guardian IAW 10 USC 12304."

6.  The applicant contends his DD Form 214 with a separation date of 20 January 2007 should show his deployment to Landstuhl, Germany.  However, the regulation provides only that the name of the country deployed to and the inclusive dates are included in item 18.  There are no provisions for including the city within a country.  Therefore, notwithstanding the HRC-STL opinion, the entry currently in item 18 showing the applicant's deployment to Germany with deployment dates is correct.



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.  HRC-STL reviewing the applicant's records of service and amending 
items 12d and 12e of his DD Form 214 with a separation date of 29 May 2004;

	b.  amending item 12h of his DD Form 214 with a separation date of 29 May 
2004 to read "2003 06 23" instead of "2002 07 28"; and

	c.  amending item 12h of his DD Form 214 with a separation date of 15 March 2005 to read "2003 06 23" instead of "2002 07 28" and item 18 to include the entry "Ordered to active duty in support of Operation Enduring Freedom IAW 10 USC 12302" instead of "Ordered to active duty in support of Operation Joint Guardian IAW 10 USC 12304."

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 deployment to Landstuhl, Germany.



      ___________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)                                         AR20080013833



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013833



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1