IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080018117
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 active duty service on his DD 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he entered active duty on 27 September 2004 and was discharged on 20 December 2005.
3. The applicant provides a copy of a mobilization order in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he served 4 years of prior active and 3 years,
11 months, and 20 days inactive service as a helicopter airframe mechanic prior to enlisting in the Army National Guard on 9 May 2003. The highest rank he attained while serving on active duty was corporal/pay grade E-4.
2. The mobilization order provided by the applicant shows he was ordered to active duty from an Army National Guard unit member status upon reporting to unit home station on 2 October 2004.
3. The applicant's DD Form 214 with a separation date of 11 August 2005 shows he entered active duty on 2 October 2004. He completed a total of 10 months and 10 days of creditable active military service for that period.
4. The applicant has a second DD Form 214 with a separation date of
20 December 2005 which shows he entered that period of active duty on
12 August 2005. He completed a total of 4 months and 9 days of creditable active military service for that period.
5. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records accurately show that he entered active military service on 2 October 2004 instead of 27 September 2004 as contended. Therefore, his DD Form 214 with a separation date of 11 August 2005 is correct as currently constituted.
2. The applicant is correct in stating that he was discharged on 20 December 2005. However, he was issued a second DD Form 214 for the period of service ending on that date. Therefore, he is not entitled to correction of his DD Form 214 as requested.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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.
ABCMR Record of Proceedings (cont) AR20080018117
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080018117
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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