DOCKET NUMBER:  AR20090001273 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  item 12b (Separation Date This Period) to show his date of separation as 28 February 2008 instead of 8 February 2008;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to add unspecified awards; and

	c.  item 14 (Military Education) to add completion of the Information Operation Qualification Course.

2.  The applicant states that the items were not available at the time his DD Form 214 was issued and forwarded.

3.  The applicant provides a copy of his DD Form 214, dated 8 February 2008; copies of Orders M-037-0041 and 03-363-00120L, issued by the 81st Regional Readiness Command (RRC), Birmingham, AL, on 6 February 2003 and 29 December 2003; copies of Orders A-02-503105, A-02-703320, 
A-02-703320R, A-03-708224, and A-03-708224A01, issued by the U.S. Army Human Resources Command (HRC), Alexandria, VA, on 2 February 2005, 7 February 2007, 24 March 2007, 28 March 2007, and 8 January 2008, respectively; copies of Orders 08-032-00201 and 08-093-00031, issued by the 81st RRC on 1 February 2008 and 2 April 2008; and copies of his DA Form 1059 (Service School Academic Evaluation Report) and certificate of training, dated 10 March 2006, in support of his request.

4.  On 28 May 2009, the applicant submitted a copy of a certificate, dated 31 March 2004, awarding his unit the Army Superior Unit Award; a copy of Special Order GB-033/GA-098, dated 19 March 2004, awarding him the Global War on Terrorism Service Medal; a copy of a certificate, dated 14 February 2005, awarding him the Meritorious Service Medal; a copy of a memorandum, dated 16 February 2006, awarding him the Armed Forces Service Medal; copies of his February and March 2008 Leave and Earnings Statements; and copies of his previously submitted orders, certificates, and DA Form 1059 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he was appointed as an Armor second lieutenant in the U.S. Army Reserve (USAR) and executed an oath of office on 21 May 1988.  He subsequently executed an oath of office and was appointed in the Indiana Army National Guard on 22 May 1988.  He was further transferred to the Louisiana Army National Guard and was promoted to captain on 23 May 1995.  He was honorably discharged from the Army National Guard and transferred to the USAR Control Group (Reinforcement) on 9 December 1997.

2.  The applicant’s records also show he was assigned to the 490th Chemical Battalion, Anniston, AL, and was promoted to major on 10 September 2002.

3.  On 9 February 2005, the applicant was ordered to active duty for a period of 2 years to fulfill active duty requirements in accordance with the contingency operations extended active duty (CO-EAD) program as an operations staff officer.  He was assigned to Headquarters, U.S. Army Forces Command (FORSCOM), Fort McPherson, GA.

4.  On 7 February 2007, HRC, Alexandria, VA published Orders A-02-703320 ordering the applicant to active duty effective 9 February 2007 for a period of 1 year for CO-EAD with an end date of 8 February 2008.  He remained assigned to Headquarters, FORSCOM, Fort McPherson, GA.

5.  On 24 March 2007, HRC, Alexandria, VA published Orders A-02-703-320R rescinding the unexecuted portion of the applicant’s active duty orders, effective 26 March 2007.

6.  On 28 March 2007, HRC, Alexandria, VA published Orders A-03-708224, ordering the applicant to active duty for a period of 10 months and 13 days effective 27 March 2007 for the purpose of contingency operations for active duty operational support with an end date of 8 February 2008.  He was again assigned to Headquarters, FORSCOM, Fort McPherson, GA.

7.  On 8 January 2008, HRC, Alexandria, VA published Orders A-03-708224A01 amending Orders A-03-708224, issued on 28 March 2007, to show the applicant’s period of active duty as 11 months and 13 days with an end date of 28 February 2008 instead of 10 months and 13 days with an end date of 8 February 2008.

8.  On 1 February 2008, the 81st RRC published Orders 08-032-00201 ordering the applicant to active duty as a member of his Reserve unit on 29 February 2008 for a period of 365 days in support of Operation Enduring Freedom.

9.  On 14 February 2008, Headquarters, Fort McPherson, GA, published Orders 045-0003, ordering the applicant’s release from active duty effective 8 February 2008.

10.  The DD Form 214 he was issued shows he entered active duty on 9 February 2005 and was separated on 8 February 2008.  This form also shows he completed 3 years of creditable active service.  Furthermore, item 13 of this DD Form 214 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon, and item 14 shows the entry "None."

11.  On 29 May 2009, Headquarters, Fort McPherson, GA, published Orders 149-0004, amending Orders 045-0003, dated 14 February 2008, to show the effective date of the applicant's release from active duty as 28 February 2008.

12.  The applicant’s DA Form 1059 and certificate of training, dated 10 March 2006, show he completed the 8-week Information Operation Qualification Course at the U.S. Army Combined Arms Center, Fort Leavenworth, KS, from 9 January 2006 to 10 March 2006.

13.  Headquarters, FORSCOM, Fort McPherson, GA, memorandum, dated 16 February 2006, shows the applicant was awarded the Armed Forces Service Medal for Hurricanes Katrina and Rita Disaster Relief from 27 August 2005 to 16 November 2005.

14.  Headquarters, FORSCOM, Fort McPherson, GA, Permanent Orders Number 45-1, dated 14 February 2005, show the applicant was awarded the Meritorious Service Medal for outstanding meritorious service from 10 February 2003 to 10 February 2005.

15.  Headquarters, 1st Squadron, 15th Armor, Permanent Orders Number 4-1, dated 30 April 1991, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 30 November 1990 to 30 April 1991.

16.  A memorandum, dated 28 April 2004, issued by HRC, Alexandria, VA, awarded Headquarters, FORSCOM, the Army Superior Unit Award for meritorious performance of a difficult and challenging mission from 11 September 2001 to 31 March 2004.

17.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows the applicant was awarded the Army Service Ribbon, the National Defense Service Medal with bronze service star, the Army Achievement Medal, the Army Reserve Components Achievement Medal (5th Award), the Army Reserve Components Overseas Training Ribbon, the Armed Forces Reserve Medal, the Army Superior Unit Award, the Armed Forces Service Medal, the Meritorious Service Medal, and the Armed Forces Reserve Medal with "M" Device.

18.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12 of the DD Form 214 shows the record of service.  Extreme care is used in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the government.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after separation/discharge if any, are deducted.  Such time will be identified in block 18 (Remarks).  Item 14 shows the Soldier's military education and is obtained from the Enlisted/Officer Record Brief.  It shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending February 2008 should show his correct date of separation, add unspecified awards, and add his military education.

2.  With respect to the applicant’s military education, the evidence of record shows that the applicant completed the 8-week Information Operation Qualification Course at the U.S. Army Combined Arms Center, Fort Leavenworth, KS, from 9 January 2006 to 10 March 2006 which is not shown on this DD Form 214; therefore, he is entitled to correction of this DD Form 214 to show this course.

2.  With respect to the applicant’s awards and decorations, in addition to those shown on his DD Form 214, item 9 of the applicant’s DA Form 2-1 and the supporting evidence show he was awarded the Army Achievement Medal, the Army Reserve Components Achievement Medal (5th Award), the Army Reserve Components Overseas Training Ribbon, the Armed Forces Service Medal, the Meritorious Service Medal, the Army Superior Unit Award, and the Armed Forces Reserve Medal with 10-year device (bronze hourglass) and "M" Device which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the missing awards.

3.  With respect to the applicant's release from active duty date, the evidence of record shows that the applicant was released on 28 February 2008 which is incorrectly shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the correct release date as 28 February 2008 and the correct net active service during the period covered by the DD Form 214 to show 3 years and 20 days.

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 entry "2008  02  08" from item 12b of his DD Form 214 for the period ending February 2008 and adding the entry "2008  02  28";

	b.  deleting the entry "0003  00  00" from item 12c (Net Active Service This Period) of his DD Form 214 for the period ending February 2008 and adding the entry "0003  00  20";

	c.  adding the entry "Information Operation Qualification Course, 8 weeks, 2006" to item 14 of the applicant’s DD Form 214 for the period ending February 2008;

	d.  deleting the "National Defense Service Medal" from item 14 of the applicant’s DD Form 214 for the period ending February 2008; and

	e.  adding the entry the National Defense Service Medal with one bronze service star, the Army Achievement Medal, the Army Reserve Components Achievement Medal (5th Award), the Army Reserve Components Overseas Training Ribbon, the Army Superior Unit Award, the Armed Forces Service Medal, the Meritorious Service Medal, and the Armed Forces Reserve Medal with 10-year device (bronze hourglass) and "M" Device to item 14 of his DD Form 214 for the period ending February 2008.



      ____________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)                                         AR20090001273



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ABCMR Record of Proceedings (cont)                                         AR20090001273



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