IN THE CASE OF:
BOARD DATE: 24 MARCH 2009
DOCKET NUMBER: AR20080015495
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows that he served on active duty from
7 February 2003 to 10 August 2003, and which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show that he was released from active duty on 14 May 2004 instead of
10 August 2003 and that he completed 1 year, 3 months, and 8 days of active duty service in item 12c (Net Active Service This Period).
2. The applicant essentially states that he served on active duty from 7 February 2003 through 14 May 2004.
3. The applicant provides his DD Form 214; Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points), dated
3 June 2008; and his retirement points detail history for the period 21 January 2003 through 9 January 2005 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving as a major in the United States Army Reserve.
2. The available evidence shows the applicant was ordered to active duty in support of Operation Enduring Freedom on 7 February 2003 for a period of 493 days. His DD Form 214 only shows that he served on active duty from
7 February 2003 to 10 August 2003. Item 12c of this document also shows that he only completed 6 months and 4 days of net active service during his mobilization period.
3. Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Kuwait from 10 April 2003 to 12 April 2004.
4. The applicant's Official Military Personnel File contains orders, dated 18 April 2004, which released him from active duty on 14 May 2004. His retirement points detail history also shows he served on active duty from 7 February 2003 to 14 May 2004, which was 1 year, 3 months, and 8 days.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he was released from active duty on 14 May 2004 instead of 10 August 2003 and that he completed 1 year, 3 months, and 8 days of active duty service in item 12c.
2. The evidence of record clearly shows that the applicant did in fact serve on active duty from 7 February 2003 through 14 May 2004. Therefore, he is entitled to correction of his DD Form 214 to show that he was released from active duty on 14 May 2004 instead of 10 August 2003, and that he completed 1 year,
3 months, and 8 days of net active service during his mobilization period.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entries that are currently shown in Items 12b and 12c of his DD Form 214;
b. showing in Item 12b that he was released from active duty on 14 May 2004; and
c. showing in Item 12c that he completed 1 year, 3 months, and 8 days of net active service this period.
_______ _ 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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