IN THE CASE OF:
BOARD DATE: 18 MAY 2010
DOCKET NUMBER: AR20090019259
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 to Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that Item 18 reads "Retained in Service 155 Days for the Convenience of the Government Per 10 USC 12305 [Title 10, U.S. Code, section 12305] and should read Retained in Service 518 Days for the Convenience of the Government Per 10 USC 12305 because he was retained on active duty from 31 July 2006 to 30 December 2007, for a total of 518 days. As noted on his DD Forms 4/1 and 4/3 (Enlistment/Reenlistment Document - Armed Forces of the United States), his active duty requirement was to expire at 3 years on
30 July 2006 and he was released from active duty (REFRAD) on 30 December 2007. He was affected by stop-loss orders with Company C, 101st Military Intelligence Battalion, 2nd Brigade Combat Team, 1st Infantry Division, for deployment in support of Operation Iraqi Freedom 06-08. He believes the error was caused by the incorrect assumption that his initial enlistment contract was for 4 years instead of 3 years, as it actually was.
3. The applicant provides copies of his DD Forms 4/1 and 4/3; his DD Form 214; and Student, Staff, and Faculty Company, U.S. Army Sergeants Major Academy, Fort Bliss, TX, Memorandum for Record, subject: Stop Loss Verification of [Applicant's rank, name, and social security number].
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 24 February 2003. On 29 July 2003 he was discharged from the USAR DEP and on 30 July 2003, he enlisted in the Regular Army in pay grade E-1 for 3 years.
2. United States Army Garrison, Schweinfurt Transition Center [Germany] Orders 085-004, dated 26 March 2007, announced his reassignment to the transition point for transition processing. After processing, he would be REFRAD on 30 December 2007 and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.
3. He was issued a DD Form 214 that shows he was honorably REFRAD in pay grade E-5 on 30 December 2007, under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service. Item 12a (Date Entered on AD [Active Duty] This Period) shows he entered AD on 30 July 2003, Item 12b (Separation Date This Period) shows he was separated on
30 December 2007, and Item 12c (Net Active Service This Period) shows he was credited with 4 years, 5 months, and 1 day of net active service. Item 18 of this DD Form 214 contains the entry, Retained in Service 155 Days for the Convenience of the Government Per 10 USC 12305. Item 18 also shows he served in Iraq from 10 February 2004 to 9 February 2005 and from 1 September 2006 to 19 November 2007.
4. He submitted a copy of a memorandum for record, dated 1 November 2009, which verified that his estimated expiration term of service (ETS) was 30 July 2006 and due to stop-loss orders, he was unable to be separated until
30 December 2007, a difference of 518 days. His separation came only after his unit returned from deployment to its home station.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant enlisted in the Regular Army on 30 July 2003 for 3 years with a projected ETS date of 29 July 2006. He was retained on AD due to stop-loss in support of Operation Iraqi Freedom 06-08. He was subsequently released from AD on 30 December 2007. Item 18 his DD Form 214 contains the entry, "Retained in Service 155 Days for the Convenience of the Government Per 10 USC 12305. However the period of service from 29 July 2006 to 30 December 2007 totals 518 days. He served on AD 518 days past his ETS; therefore, he is entitled to correction of his DD Form 214, Item 18 to read, "Retained in Service 518 Days for the Convenience of the Government Per 10 USC 12305.
2. 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 Department of the Army records of the individual concerned be corrected by:
a. deleting from Item 18 of his DD Form 214 the entry "Retained in Service 155 Days for the Convenience of the Government Per 10 USC 12305,
b. adding to Item 18 of his DD Form 214 the entry "Retained in Service 518 Days for the Convenience of the Government Per 10 USC 12305, and
c. providing him a corrected DD Form 214 that includes this correction.
__________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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