IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090019737 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding three Army Commendation Medals (ARCOM's) to the list of awards and correcting errors in block 18 (Remarks) dealing with reenlistment and involuntary extension.

2.  The applicant states the dates became important when he learned of a stop-loss repayment program.  His DD Form 214 is wrong; he actually reenlisted on 6 February 2002.  He had to extend for a month to meet the service-remaining requirement for the Army University Access Online (AUAO) program.  This made the date of the expiration of his term of service (ETS) 5 March 2005.  He was retained for more than 365 days, rather than only 115.  One of the ARCOM's was mailed to him well after he was separated.

3.  The applicant provides copies of:

* his Enlisted Record Brief
* DA Form 638 (Recommendation for Award) for the ARCOM, final approval 13 February 2003, no permanent order number [identified by the applicant as Permanent Order Number 043-02]
* DA Form 638 for the ARCOM, approved, Orders Number 139-005, dated 19 May 2005
* DA Form 638 for the Meritorious Service Medal, downgraded to the ARCOM, approved, Permanent Order Number A-093-5, dated 3 April 2006
* his DD Form 214
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 6 February 2002
* DA Form 3286 (Statement for Enlistment), dated 6 February 2002
* DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army), dated 4 February 2002
* DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus), dated 6 February 2002
* DA Form 3340-R, dated 8 February 2002

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 January 1998.  On 6 February 2002, he reenlisted as a sergeant for a term of 3 years.  On 8 February 2002, he requested to extend his enlistment to meet the service-remaining requirement for AUAO.

2.  The applicant was honorably discharged as a staff sergeant (E-6) on 26 April 2006 due to the completion of required service.

3.  His DD Form 214 shows in block 18 that he reenlisted for the period 6 February 2003 to 5 February 2006 and that he was retained in the service for the convenience of the government for 115 days.

4.  The reenlistment documents the applicant submits show he reenlisted for a 3-year period on 6 February 2002 and that on 8 February 2002 he requested to extend that enlistment.  These documents are not contained in his interactive Personnel Electronic Records Management System records.  Neither are any other reenlistment or service extension documents.

5.  The applicant's Enlisted Record Brief lists numerous awards, including three awards of the ARCOM.  All awards are listed on his DD Form 214 except the three ARCOM's.  The awards listed in block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 are continued in block 18.

6.  The applicant was apparently authorized the Global War on Terror Expeditionary Medal for his first deployment to Iraq and the Iraq Campaign Medal for his second tour of duty.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Iraq Campaign Medal for participation in each credited campaign period.  The approved campaigns periods that correspond with the applicant's second tour of duty are the Iraqi Governance (29 June 2004-15 December 2005) and National Resolution (16 December 2005-9 January 2007) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the dates became important when he learned of a stop-loss repayment program.  His DD Form 214 is wrong; he actually reenlisted on 6 February 2002.  He had to extend for a month, making his ETS date 5 March 2005.  He was retained for more that 365 days, rather than only 115.  One of the ARCOM's was mailed to him well after he was separated.

2.  The DD Form 214 shows he reenlisted for the period 6 February 2003 to 5 February 2006.  However, he actually reenlisted for a 3-year period on 6 February 2002 and then extended for 1 month, making his ETS 5 March 2005.  This part of the block 18 entry on the DD Form 214 is erroneous and should be corrected.

3.  The applicant was discharged on 26 April 2006.  The DD Form 214 shows he was held for 115 days for the convenience of the government.  However, subtracting the two dates, 5 March 2005 from 26 April 2006, provides a difference of 417 days.  This part of the block 18 entry on the DD Form 214 is erroneous and should be corrected.

4.  He was awarded three ARCOM's that are not listed on his DD Form 214.  They should be added to the list of awards continued in block 18.

5.  The applicant participated in two designated campaign periods during his second tour of duty in Iraq.  He is authorized to wear two bronze service stars on the Iraq Campaign Medal.  They should be shown on his DD Form 214.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 entire entry from block 18 of his 26 April 2006 DD Form 214 and

	b.  entering in block 18 of his 26 April 2006 DD Form 214:

"IMMEDIATE REENLISTMENTS THIS PERIOD 20020206-20050205//BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  19970912-19980122//MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//SERVICE IN IRAQ 20030319 TO 20040318, 20050207 TO 20060126//CONT FROM BLOCK 13 RIBBON//ARMY SERVICE RIBBON//OVERSEAS SERVICE RIBBON (2ND AWARD//NATO MEDAL//COMBAT ACTION BADGE//DRIVER AND MECHANIC BADGE-MECHANIC //IRAQ CAMPAIGN MEDAL (2 BRONZE SERVICE STARS)//ARMY COMMENDATION MEDAL (3RD AWARD)//
NOTHING FOLLOWS."



___________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)                                         AR20090019737



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019737



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1