IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100006982 


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 item 9 (Command to Which Transferred) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2007 to reflect his Individual Ready Reserve (IRR) assignment.

2.  The applicant states:

* his initial discharge orders indicated he was assigned to the U.S. Army Reserve (USAR) Control Group (IRR) with a terminal date of 9 May 2009
* these orders were subsequently rescinded but a copy was not provided to him until December 2009
* item 9 of his DD Form 214 shows the entry "NA" [not applicable]; however, in the remarks section (item 18) he is listed as subject to active duty recall, muster duty, and/or annual screening
* these two items contradict each other and leave open to interpretation the IRR assignment
* he believed he was a part of the IRR since he was discharged in 2007
* the fact he was completely discharged was not brought to light until he attempted to join a National Guard unit and he was denied credit for time in grade because he was not a member of the IRR since his discharge date


3.  The applicant provides:

* a copy of his DD Form 214
* a copy of his discharge orders, dated 6 February 2007

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted active service, the applicant was appointed a second lieutenant in the USAR and entered active duty on 11 May 2001.  He was subsequently appointed a commissioned officer in the Regular Army.  He served in Iraq from 4 June 2004 to 27 January 2005.

2.  Orders 037-1311, issued by Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, dated 6 February 2007, show the applicant was to report to the installation transition point on 16 April 2007 for the purpose of transition processing and release from active duty (REFRAD) on 30 June 2007.  Following his REFRAD, he was to be transferred to the USAR Control Group (IRR) with a terminal date of Reserve obligation ending on 10 May 2009.

3.  Orders 095-1307, same headquarters, dated 5 April 2007, rescinded the unexecuted portions of Orders 037-1311, dated 6 February 2007.

4.  Orders 095-1308, same headquarters, dated 5 April 2007, show the applicant was scheduled to be discharged from the Regular Army on 30 June 2007.

5.  Records show, on an unknown date, the applicant requested an unqualified resignation and his request was approved on 30 June 2007.

6.  The applicant was honorably discharged for miscellaneous/general reasons on 30 June 2007.

7.  Item 9 of the applicant's DD Form 214 shows the entry "NA."  Item 18 of his DD Form 214 shows the entry "SUBJECT TO ACTIVE DUTY RECALL, MUSTER DUTY, AND/OR ANNUAL SCREENING."

8.  The U.S. Army Human Resources Command Soldier Management System indicates on 9 December 2009 the applicant called to inquire what his status was (from 2007 to date) after he got out of the active component in June 2007.  After reviewing his records, it was noted that because he had requested an unqualified resignation before he got out of the active component, which was granted, he was discharged from the active component instead of being transferred to the IRR to finish out his MSO [military service obligation] time (which expired in June 2009).
9.  Army Regulation 635-5 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, in pertinent part, that from Table 2-1 (DD Form 214, Item 9 Entry Determinations), enter the applicable location dependent on the Soldier's status on transition.  Table 2-1 states when a Soldier is discharged (includes resignation of Regular Army commissioned officers) with no further military status the entry "NA" will be entered in item 9 on the DD Form 214.  The regulation states for a Soldier being transferred to the IRR (see block 9), enter "SUBJECT TO ACTIVE DUTY RECALL, AND/OR ANNUAL SCREENING."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered; however, evidence of record shows he was discharged from the Regular Army on 30 June 2007 per his request for resignation.

2.  Orders 037-1311, dated 6 February 2007, shows he was REFRAD and assigned to the USAR Control Group (IRR).  However, on 5 April 2007, these orders were rescinded by Orders 095-1307.  Immediately following, on the same date, Orders 095-1308 were published showing the applicant was discharged date as 30 June 2007.

3.  The applicant was not REFRAD and transferred to the IRR; he was discharged from the U.S. Army as requested.  Therefore, there is no basis for amending item 9 of his DD Form 214 to reflect an IRR assignment.

4.  The applicant's contention that the entry in item 9 and item 18 of his DD Form 214 contradict each other has merit.  The governing regulation states for a Soldier being transferred to the IRR enter "SUBJECT TO ACTIVE DUTY RECALL AND/OR ANNUAL SCREENING" in item 18 of the DD Form 214.  Since the applicant was not transferred to the IRR, it appears this entry is incorrect and should be deleted from item 18 of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 18 of his DD Form 214 for the period ending 30 June 2007 the entry "SUBJECT TO ACTIVE DUTY RECALL, MUSTER DUTY, AND/OR ANNUAL SCREENING."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending item 9 of his DD Form 214 to show transfer to the IRR.



      ___________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)                                         AR20100006982



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ABCMR Record of Proceedings (cont)                                         AR20100006982



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