IN THE CASE OF:
BOARD DATE: 14 April 2009
DOCKET NUMBER: AR20080017891
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 his final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank and pay grade upon retirement as master sergeant (MSG)/E-8 and that he had served in Afghanistan from 22 June 2005 and not from 22 August 2005.
2. The applicant states, in effect, that the personnel services unit at MacDill Air Force Base erred.
3. The applicant provides copies of his DD Forms 214 for the period from 1 April 2005 to 10 July 2006 and from 11 July 2006 to 28 February 2007; retirement orders; amendment to retirement orders; and mobilization orders, dated 19 June 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant, a career Army National Guard (ARNG) Soldier, was promoted to MSG on 1 August 2000. Subsequently, he was administratively reduced to serve in a sergeant first class (SFC)/E-7 position. He entered active duty on
1 April 2005 in support of Operation Enduring Freedom.
2. On 19 June 2005, Mobilization Center Shelby, Camp Shelby, MS published Orders 170-04 deploying a list of Soldiers, including the applicant, for assignment to Task Force Phoenix, Afghanistan in support of Operation Enduring Freedom.
Item 18 (Remarks) of the DD Form 214 for the period ending 10 July 2006 shows
he served in Afghanistan from 20050622 [emphasis added] - 20060706. The applicant was released from active duty by reason of completion of required active duty service and returned to his ARNG unit.
3. The applicant immediately reentered active duty on 11 July 2006. Florida National Guard, Office of the Adjutant General, St. Augustine, FL Orders
P258-004, dated 15 September 2006, were issued releasing the applicant from active duty and placing him on the retired list, effective 28 February 2007, in the rank/grade of SFC/E-7. On 26 September 2006, Orders P269-005, published by the same headquarters, amended Orders P258-004 to show his retired rank/grade as MSG/E-8.
4. Florida National Guard Orders 037-081, dated 6 February 2007, ordered the applicant discharged from the Army National Guard and as a Reserve of the Army effective 28 February 2007. These orders show his rank as MSG.
5. On 28 February 2007, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Retired). The DD Form 214 for the period ending 28 February 2007 shows the applicant's rank/grade as SFC/E-7.
6. Item 18 of this DD Form 214 shows the entry "Service in Afghanistan 20050822 [emphasis added] - 20060706."
7. Army Regulation 635-5 (Personnel Separations Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part 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.
8. Army Regulation 635-5 states that for item 4a (Grade, Rate, or Rank) and 4b (Pay Grade), enter the active duty grade or rank and pay grade at the time of separation from the Enlisted Record Brief (ERB).
9. Army Regulation 635-5 further states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that the personnel services unit at MacDill Air Force Base erred.
2. The available records indicate that the applicant served his last period of active duty as an SFC/E-7. Therefore, his rank as listed on his last DD Form 214 for the period ending 28 February 2007 is not in error. However, as mentioned above, based on his highest grade successfully held, his retirement orders were appropriately amended to reflect his retired rank/grade as MSG/E-8.
3. The item 18 entry showing his tour of duty in Afghanistan as commencing on 22 August 2005 vice 22 June 2005 and ending on 6 July 2006 is obviously in error based on the evidence of record and the correct dates as shown on his DD Form 214 for the period from 1 April 2005 to 10 July 2006. Regulatory guidance states that an entry will be made in item 18 "
for an active duty Soldier deployed with his or her unit during their continuous period of active service." The deployment data in question was erroneously entered on his DD Form 214 for the period beginning on 11 July 2006 and ending on 28 February 2007 since his period of deployment terminated prior to the beginning date of this DD Form 214. Although it would be appropriate to remove the erroneous deployment entry from his DD Form 214 for the period ending 28 February 2007 it is the policy of this Board not to make an applicant worse off than when he/she applied to this Board. Therefore, the current entry should remain as is. There is no evidence that suggests the applicant would suffer any injury or injustice as a result of this action.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the beginning date of his deployment recorded on his DD Forms 214 for the period ending 10 July 2006 and 28 February 2007.
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.
_________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.
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