IN THE CASE OF:
BOARD DATE: 03 June 2010
DOCKET NUMBER: AR20090019809
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 18 (Remarks), to show he was retained in the service for "687" days instead of "323" days for the convenience of the government per Title 10, U.S. Code, section 12305.
2. The applicant states the only voluntary extension he took during his enlistment was for the Foreign Service Tour Extension to ensure he could serve out the rest of his original enlistment with his current unit.
3. The applicant provides a copy of his DD Form 214, DD Form 256A (Honorable Discharge Certificate), and DD Form 4 (Enlistment or Reenlistment Agreement); a query printout titled "Foreign Service Tour Actions"; and a webmail printout showing his foreign service tour extension.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he served in the Army National Guard (ARNG) from 25 September 1999 until he enlisted in the Regular Army (RA) on 3 April 2003 for a period of 3 years. He was awarded military occupational specialty 13F (fire support specialist). The highest rank/grade he held was sergeant (SGT)/E-5.
2. The applicant was honorably discharged on 18 February 2008 after completing 4 years, 10 months, and 16 days of net active service this period.
3. Item 18 of the applicant's DD Form 214 shows he was retained in service 323 days for the convenience of the government per Title 10, U.S. Code, section 12305. It further shows that he served in Iraq during the period 11 February 2004 to 1 March 2005 and 1 September 2006 to 20 November 2007.
4. A webmail printout showing a copy of an e-mail subject: Approved Foreign Service Tour Extension, sent on 11 January 2005, shows his expiration term of service (ETS) date as 2 April 2006. It also shows an extension was approved on 11 January 2005 and his DEROS (Date Eligible for Return from Overseas) was changed from 15 May 2005 to 15 April 2006.
5. A search of the applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) revealed that the applicant completed a voluntary extension of his enlistment agreement on 22 February 2006. The iPERMS database also shows his ETS date as 24 September 2007.
6. Army Regulation 635-5 (Personnel Separations 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. It states that 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. It states that for item 18 for a Soldier retained past ETS, enter "RETAINED IN SERVICE (specify number of days) FOR CONVENIENCE OF THE GOVERNMENT PER (authority for retention)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's original ETS date was 2 April 2006. Evidence in iPERMS indicates he voluntarily agreed to extend his enlistment. His ETS date in iPERMS is shown as 24 September 2007.
2. Based on the ETS date in iPERMS it would appear the applicant voluntarily extended his enlistment to the expiration of his statutory obligation date of 24 September 2007. The applicant has not provided sufficiently convincing evidence or argument showing the number of days he was retained for the convenience of the government was more than that currently shown on his DD Form 214. To the contrary, based on available evidence it would appear that he was retained for the convenience of the government for only 144 days instead of 323 days as currently shown on his DD Form 214.
3. Although it appears that an administrative error was made in the issuance of
his DD Form 214, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.
For this reason, the Board will not correct item 18 of his DD Form 214 to show a lesser number of days.
4. In view of the foregoing, there is insufficient basis for granting the applicant's requested relief.
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.
_________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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