BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090011197
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 he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) to account for his active military service ending in October 2007.
2. The applicant states that he was not issued a DD Form 214 when he was honorably discharged on 17 October 2007 and believes this is an error. He has not received a DD Form 214 in the mail which is also in error. He was supposed to be discharged with an honorable discharge, a Reentry (RE) Code of RE-1, and with a narrative stating completion of required active military service. He is currently in the hiring process for the Topeka Police Department and this is a requirement for verification of military service.
3. In support of his application, the applicant provides a copy of his 2004 active duty orders and his United States Army Reserve (USAR) discharge orders.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he was enlisted in the USAR in pay grade E-1 on 18 October 1999, for 8 years. He was advanced to pay grade E-3 on 6 January 2001. He was ordered to active duty for training (ADT) and entered on active duty on 31 May 2001. He completed training and was awarded military occupational specialty 91D, Operating Room Specialist. He was released from ADT on 5 November 2001 and transferred to his assigned Reserve unit. He was issued a DD Form 214 that shows a credit of 5 months and 5 days net active service.
2. The applicants military records contain, and he submitted a copy of Orders R-04-473095, dated 24 April 2004, showing he was ordered to active duty in an Active Guard Reserve (AGR) status and attached to a Reserve unit with a reporting date of 28 April 2004. Orders R-07-685042, dated 17 July 2006, show he was ordered to active duty in an AGR status and attached to a Reserve unit with a reporting date of 28 April 2004.
3. The applicants military records also contain Orders C-09-726581, dated 10 September 2007, showing he was reassigned from his Reserve unit for separation processing with a scheduled report date of 17 October 2007. Orders D-09-790218, dated 10 September 2007, were issued honorably discharging the applicant from the USAR AGR on 17 October 2007.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. Paragraph 2-1(a)(2) specifies that a DD Form 214 will be prepared for Active Army Soldiers on termination of active duty, Reserve Component Soldiers completing 90 days or more of continuous ADT, or AGR Soldiers on active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been issued a DD Form 214 for his period of active duty ending on 17 October 2007 has been noted and found to have merit. The evidence shows he was ordered to active duty for a period of three years in an AGR status on 28 April 2004. He was honorably discharged on 17 October 2007 and not issued a DD Form 214. In accordance with his orders, he served on active duty for over three years and is entitled to a DD Form 214 for this period of service.
2. Pertinent regulations show a USAR Soldier who has completed 90 days or more of continuous active duty would be issued a DD Form 214. Therefore, the applicant is entitled to the issuance of a DD Form 214 for his period of active duty in an AGR status from 28 April 2004 through 17 October 2007 and showing he was honorably discharged for the completion of the required active service.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
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 the Department of the Army records of the individual concerned be corrected by issuing the applicant a DD Form 214 for his period of active duty from 28 April 2004 through 17 October 2007 and honorably discharging him for the completion of the required active 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.
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