IN THE CASE OF:	  

		BOARD DATE:	  4 JUNE 2009

		DOCKET NUMBER:  AR20090003842 


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 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his first deployment to Iraq from his initial tour of active duty between 2000 and 2004.  He also asks that the military education and primary specialty reflected on his 2004 DD Form 214 be recorded on his 2007 DD Form 214.

2.  The applicant states, in effect, that this second DD Form 214 does not display his first tour in Iraq, only his second and notes that as a result he is having some administrative problems.  He also states that his military education and primary specialty reflected on his 2004 DD Form 214 are not reflected on his second DD Form 214 which was issued in 2007.  He states he initially served on active duty for a period of 4 years and was "called up" from the Individual Ready Reserve in January 2006 and sent to Iraq for a second time.

3.  The applicant provides copies of his 2004 and 2007 DD Forms 214, a copy of his initial deployment orders, a copy of his Army Commendation Medal recommendation for his initial tour of duty in Iraq, and a 2003 statement confirming his deployment to Iraq between March and October 2003.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant initially enlisted and entered active duty as a Regular Army Soldier on 6 July 2000 for a period of 4 years.  He was trained as a Signal Support Systems Specialist (31U1O) and served in that specialty for the duration of his initial active duty commitment.  On 5 July 2005, at the conclusion of his Regular Army enlistment contract, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) for the duration of his statutory service obligation.

2.  The applicant 2004 DD Form 214 indicates his service in military occupational specialty (MOS) 31U1O, deployment to Iraq between 26 March 2003 and 3 October 2003, completion of the Signal Support System Specialist Course in 2001, Field Sanitation Team Training in 2002, and the Primary Noncommissioned Officer Education System Course in 2004.

3.  On 29 January 2006 the applicant was ordered to active duty from the USAR Control Group (Reinforcement) under the provisions of Title 10, U.S. Code, section 12302, in support of Operation Iraqi Freedom.

4.  He remained on active duty until 16 July 2007 when he was released from active duty and returned to the USAR Control Group (Reinforcement).

5.  His 2007 DD Form 214 indicates he served in Iraq between 1 September 2006 and 26 June 2007 and that he completed the Combat Lifesaver Course and Combat Service Support Automated/Information Systems Interface Training in 2006.  The DD Form 214 also noted the applicant had served in MOS 25U1O (Signal Support System Specialist) for the duration of this period of active duty.

6.  On 25 March 2008 the applicant was honorably discharged from the USAR.

7.  According to information contained on the U.S. Army Human Resources Center website, MOS 31U was converted to MOS 25U effective 30 September 2004.

8.  Army Regulation 635-5 (Separation Documents) establishes the policies and provision for the preparation and distribution of separation document.  It notes that the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.

9.  Army Regulation 635-5 notes that:

	a.  Item 11 (Primary Specialty) will be extracted from the Enlisted or Officer Record Brief (ERB/ORB) and will reflect all MOS or areas of concentration in which a Soldier served for at least 1 year.  The entry will include the number, title, and years and months for each specialty.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.

	b.  Item 14 (Military Education) will be extracted from the ERB or ORB and list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

	c.  Item 18 (Remarks) for a Reserve Soldier ordered to active duty and deployed to a foreign country, the following three statements will be entered in succession; however, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter only the second statement.

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

		(2)  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example YYYYMMDD - YYYYMMDD)."

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS."

10.  Clarification was received from U.S. Army Human Resources Command (HRC) concerning the guidance for entering MOS data on the DD Form 214 for Reserve Soldiers ordered to periods of active duty.  The HRC Transition Policy Analyst stated, in effect, that item 11 of the DD Form 214 would indicate the MOS held or served in during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s military education and periods of deployment to Iraq are appropriately recorded on the respective DD Forms 214 for the period the various education and deployments were completed.  There is no error or injustice created by not repeating the education and deployment information from the applicant’s 2004 DD Form 214 on his 2007 DD Form 214.

2.  The evidence available to the Board indicated the MOS code the applicant held during his initial period of active duty (31U) was converted to MOS 25U shortly after his separation from active duty in 2004.

3.  The Board notes that Army Regulation 635-5 specifies that all specialties held by an individual for a more than 1 year should be reflected on the DD Form 214, not just those held during the period of service captured on the DD Form 214.  However, the policy clarification for Reserve Soldiers ordered to periods of active duty provided by HRC states that item 11 of the DD Form 214 will indicate the MOS held or served in during the period of service covered by the DD Form 214

4.  The evidence confirms the applicant entered this period of active duty on 29 January 2006 in MOS 25U and served as a Signal Support Systems Specialist throughout the duration of his military service at the time his 2007 DD Form 214 was issued.  Therefore, the entry in item 11 of his DD Form 214 is correct as shown.

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)                                         AR20090003842



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ABCMR Record of Proceedings (cont)                                         AR20090003842



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