IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080018903
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, issuance or reissuance of his DD Form 214 for the period 30 June through 14 December 2005.
2. The applicant states that he never received a copy of the DD Form 214 which covers the active duty service prior to his commissioning on 15 December 2005.
3. The applicant provides a basic training completion certificate, an officer candidate course completion certificate, and his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 30 June 2005. He completed basic combat training on 8 September 2005 and officer candidate training on 15 December 2005.
2. The applicant's DD Form 214 shows he was commissioned as a second lieutenant and entered active duty as an officer on 15 December 2005 and he was discharged from active duty as a first lieutenant on 15 December 2008 with an honorable characterization of service after completing 3 years and 1 day of active duty service.
3. Army Regulation 635-5 (Personnel Separation-Separation Documents) prescribes the separation documents that must be prepared for Soldiers. It states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge or release from Active Army. It further prescribes that a DD Form 214 will be prepared for each enlisted Soldier discharged to continue on active duty as commissioned or warrant officers.
4. If a Soldier's DD Form 214 is not part of his official military record and there is not enough information in his record, the Human Resources Command, St. Louis (HRC-STL) issues a Transcript of Military Records (DA Form 1569). This form is an authorized replacement for the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that a DD Form 214 should have been prepared for the applicant for his active duty service performed prior to his commissioning.
2. The Board starts its consideration with a presumption of regularity, that what the Army did was correct. The burden of proving otherwise is the responsibility of the applicant. In the absence of evidence to the contrary, it must be presumed that the United States Army Infantry School prepared a DD Form 214 for the applicant for the period 30 June 2005 through 14 December 2005, just as it would have for all other officer candidate school graduates upon their commissioning.
3. However, since the applicant does not have a copy of his enlisted DD Form 214, it would be appropriate for the HRC-STL to issue him a DA Form 1569 for that period of service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ___X___ 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 issuing a DA Form 1569 which shows he served in the Regular Army in an enlisted status from 30 June to 14 December 2005.
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 issuing the individual concerned a DD Form 214 for his enlisted service.
_______ _ 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) AR20080018903
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ABCMR Record of Proceedings (cont) AR20080018903
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