BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090018019
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 reconsideration of his request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was released from active duty on 2 July 2007.
2. The applicant states he served on active duty until 2 July 2007 and that his DD Form 215 (Correction to DD Form 214) correcting his separation date to 20 May 2007 is incorrect. He offers that he complied with his orders and remained on active duty at Fort Campbell until 2 July 2007.
3. The applicant provides numerous orders, Department of Veterans Affairs (VA) documents, Noncommissioned Officer Evaluation Reports (NCOERs), and Congressional correspondence.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080010587 on 15 October 2008.
2. The applicant submitted 99th Regional Readiness Command Order Number 031386, dated 7 June 2007, that shows he was ordered to annual training for a period of 8 days effective 9 June 2007. His signature at the bottom of this order shows that he accepted pay for this period of service.
3. 99th Regional Readiness Command Order Number 032733, dated 19 June 2007 shows the applicant was ordered to annual training for 3 days effective 24 June 2007. Additionally, 99th Regional Readiness Command Order Number 032747, dated 20 June 2007, amended this order to change the period of annual training from 3 days to 6 days.
4. Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Orders 183-0606, dated 2 July 2007, amended the effective date of Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Orders 122-0604, dated 2 May 2007, from 20 May 2007 to 2 July 2007. However, the original orders were not provided and were not in the applicant's official military personnel file.
5. The applicant provided documents from the VA that show he was entitled to educational benefits through the ending date of 2 July 2007. Additionally, the VA Regional Service Officer stated that based on Orders 183-0606, he believes that the applicant's DD Form 214 that changed his discharge date to 20 May 2007 was in error.
6. The NCOER for the period 1 November 2006 through 20 May 2007 shows the applicant received a change-of-rater evaluation report while assigned as a Chaplain Assistant NCO at Fort Campbell, Kentucky. He also received an annual report for the period 21 May 2007 through 20 May 2008 while assigned as the Chaplain Assistant NCO, 133d Chaplain Support Team, Coraopolos, Pennsylvania.
7. Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant performed the following duties: inactive duty for training (IDT) 21 May 2007 to 25 May 2007, active duty for training (ADT) 9 June 2007 to 16 June 2007, and ADT 24 June 2007 to 29 June 2007.
8. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The fact that the applicant produced an amendment order that indicates he was extended on active duty until 2 July 2007 is not sufficient evidence to grant relief. DFAS verified that during the period 21 May 2007 to 25 May 2007 the applicant was in an IDT status. DFAS also verified that from 9 June 2007 to 16 June 2007 and from 24 June 2007 to 29 June 2007 he was in an ADT status.
Additionally, Order Number 031386 verifies that the applicant was ordered to ADT for 8 days and his signature on this order shows he accepted pay for this period of service.
2. The applicant received a change-of-rater NCOER from Fort Campbell with a through date of 20 May 2007. Since his subsequent annual report was rendered while he was assigned at Coraopolis, Pennsylvania, the change of rater report provided substantiates his release date from active duty as 20 May 2007. He has provided no evidence that indicates otherwise.
3. Therefore, the overall merits of the case, including the orders provided, are insufficient as a basis for the Board to reverse its previous decision.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080010587 on 15 October 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) AR20090018019
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