IN THE CASE OF:	  

		BOARD DATE:	       9 JULY 2009

		DOCKET NUMBER:  AR20090000581 


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 that his date of separation be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that on his DD Form 214, the discharge date 10/23/06 [23 October 2006] shows in the enlistment/entry date field.  The applicant also states that he had previously provided a copy of his DD Form 214 to a Depart-ment of Veterans Affairs lawyer and had assumed that the problem was resolved until he recently discovered that it was not.

3.  The applicant provides no evidence in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows he entered his initial enlistment in the West Virginia Army National Guard on 18 April 2006 for a period of six years.  This form also shows the applicant took an oath of enlist-ment on 18 April 2006 and that his enlistment was confirmed by a commissioned officer on 18 April 2006.  This from was authenticated via the applicant's initials and his signature.

2.  The applicant's record contains an Enlistment/Reenlistment Agreement - Army National Guard - Service Requirements and Methods of Fulfillment, dated 18 April 2006, which shows he agreed to report back to the Military Entrance Processing Station (MEPS) on 16 May 2006 in order to begin his initial active duty training.  The applicant acknowledged his understanding of the terms of his enlistment agreement by authenticating this document with his signature on 18 April 2006.  A senior noncommissioned officer certified that he had read and explained all of the conditions and stipulations concerning service obligations, methods of fulfillment, and satisfactory participation as a member of the Army National Guard to the applicant and provided him a copy of the certificate on 18 April 2006.

3.  The applicant's record contains Headquarters, United States Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Orders 293-0367, dated 20 October 2006, which released him from active duty for training, discharged him from the Reserve of the Army, and returned him to his Army National Guard unit effective 23 October 2006.

4.  Item 12a (Date Entered Active Duty (AD) This Period) of the applicant's DD Form 214 shows that he entered active duty on 15 May 2006.  Item 12b (Separation Date This Period) of this form shows the applicant was released from active duty on 23 October 2006.  This form also shows that upon his release from active duty training, the applicant was discharged from the Reserve of the Army and returned to the Army National Guard.  This form further shows the narrative reason for the applicant's release as "Failed Medical/Physical/Procurement Standards."

5.  The applicant's record contains Joint Forces Headquarters - West Virginia, Adjutant General's Department, Charleston, West Virginia, Orders 045-609, dated 14 February 2007, which discharged him from the Army National Guard and as a reserve of the Army effective 23 October 2006. 

6.  The applicant's record contains a National Guard Bureau (NGB) Form 22 (Departments of the Army and the Air Force - National Guard Bureau - Report of Separation and Record of Service).  This form shows the applicant enlisted in the Army National Guard of West Virginia on 18 April 2006 and was discharged on 23 October 2006.

7.  The applicant's record contains a NGB Form 23 (Army National Guard Retirement Points History Statement), dated 5 March 2007.  This form shows the applicant's Army National Guard status began on 18 April 2006 and ended on 23 October 2006.


8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  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, the regulation states that:

		a.  Item 12a will reflect the beginning date of the continuous period of active duty for issuance of this DD Form 214.

		b.  Item 12b will show the Soldier's transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended to make up lost time, or retained on active duty for the convenience of the Government.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his date of separation should be corrected on his DD Form 214 was carefully considered and determined to lack merit.

2.  The evidence of record shows the applicant enlisted on 18 April 2006.  This date was acknowledged by the applicant and verified by a commissioned officer on his enlistment contract.  The applicant's date of entry was properly annotated on his DD Form 214 in accordance with the pertinent Army Regulation.

3.  The applicant's record is void of any evidence which indicates that he had creditable active duty service beyond 23 October 2006.  The applicant has failed to provide sufficient evidence to substantiate his request to have his record modified to show that he had creditable active duty service beyond 23 October 2006.

4.  Evidence of record shows the applicant was discharged from the Army National Guard and as a reserve of the Army effective 23 October 2006.  The applicant's date of separation was properly annotated on his DD Form 214 in accordance with the pertinent Army Regulation.

5.  In order to justify correction of a military record, the applicant must show, 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.  In absence of evidence to the contrary, the preponderance of evidence in the available records supports presumption of regularity in the personnel records maintenance process.

6.  Based on the foregoing, it would be inappropriate, in this case, to amend the applicant's records to show that he was discharged on any date other than 23 October 2006.

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)                                         AR20090000581





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ABCMR Record of Proceedings (cont)                                         AR20090000581



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