IN THE CASE OF:
BOARD DATE: 25 NOVEMBER 2008
DOCKET NUMBER: AR20080014411
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 item 9 (Command to Which Transferred) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he was discharged from his command on 23 November 2006.
3. The applicant provides a copy of Orders 075-1016, dated 16 March 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 May 2003. At the completion of basic training and advanced individual training, he was awarded military occupational specialty 92F (petroleum supply specialist). His highest grade attained was specialist. He served in Iraq from 9 February 2004 through 9 February 2005.
2. Department of the Army, Kitzingen Transition Center, Orders 053-003, dated 22 February 2006, show the applicant was released from active duty on 30 April 2006 and was assigned to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on the following date.
3. Department of the Army, Kitzingen Transition Center, Orders 054-006, dated 23 February 2006, amended Orders 053-003, dated 22 February 2006, to show the applicant was assigned to Company C, 536th Support Battalion, La Marque, Texas instead of the USAR Control Group (Reinforcement).
4. The applicant was released from active duty on 30 April 2006. Item 9 on his DD Form 214 shows he was transferred to Company C, 536th Support Battalion, La Marque, Texas.
5. The applicant enlisted in the Army National Guard on 1 May 2006.
6. Texas Military Forces, Army National Guard, Adjutant General's Department, Austin, Texas Orders 075-1016, dated 16 March 2007, show the applicant was discharged from the Army National Guard on 23 November 2006. These orders show he was assigned to Company C, 536th Support Battalion, La Marque, Texas at the time of his discharge.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. In pertinent part, it directs that the command to which the Soldier will be transferred is entered in item 9 of the DD Form 214 based on Table 2-1 of Army Regulation 635-5.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army on 1 May 2003 and was released from active duty on 30 April 2006 at the completion of his required active service.
2. Orders were published in February 2006 which show the applicant was initially transferred to the USAR Control Group (Reinforcement) on 1 May 2006, the date after he was released from active duty. However, these orders were later amended to show he would be assigned to Company C, 536th Support Battalion, La Marque, Texas.
3. The applicant's DD Form 214 properly reflects his unit, Company C, 536th Support Battalion, La Marque, Texas, in item 9. The applicant was not discharged until November 2006, which is outside the period covered by the DD Form 214.
4. There appears to be no error or injustice in this case regarding the unit to which the applicant was transferred. Therefore, there is no basis for amending item 9 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.
________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.
ABCMR Record of Proceedings (cont) AR20080014411
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