BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20100012467 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period from 21 April 2008 to 17 October 2009 (hereafter referred to as the contested DD Form 214) be shredded or burned.

2.  The applicant states that the contested DD Form 214 was issued in error because he was still on active duty at the time it was issued.  He was told it would be revoked because he was being placed in the Warrior Transition Unit (WTU) due to an injury incurred while on active duty.  He remained on active duty until a determination was made that he was fit to return to his Army National Guard (ARNG) unit. 

3.  The applicant provides a copy of his contested DD Form 214, for the period ending on 17 October 2009; a copy of a memorandum, dated 10 March 2010, from the Transition Center, U.S. Army Installation Management Command (IMCOM), Fort Knox, KY, to the National Personnel Records Center, St. Louis, MO; copies of Orders A-03-909001A04, A-10-928655, A-10-927963, A-03-909001, and A-04-806584, issued by the U.S. Army Human Resources Command, St. Louis, MO (HRC-STL), on 14 December 2009, 20 October 2009, 8 October 2009, 23 March 2009, and 8 April 2009 respectively, in support of his request.





CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the U.S. Air Force, the applicant's records show he enlisted in the KYARNG on 8 May 2001 and held military occupational specialty 92G (Food Service Specialist).

2.  He served through multiple extensions in the ARNG, completed several periods of active duty, and attained the rank of sergeant first class (SFC)/E-7.  He was assigned to Battery C, 2nd Battalion, 138th Field Artillery, Bardstown, KY.

3.  On 3 October 2006, he was ordered to active duty as a member of his unit in support of Operation Iraqi Freedom and subsequently served in Iraq from 31 July 2007 to 16 January 2008.  He was honorably released from active duty on 31 March 2008 to the control of his ARNG unit.

4.  On 21 April 2008, HRC-STL issued Orders A-04-806584, ordering him to active duty for contingency operation for active duty operational support (CO-ADOS) for a period of 365 days.  He was attached to the 4th Cavalry Brigade, Fort Knox, KY.  It appears that this order was revoked; however, a copy of the revocation order is not filed in his record.

5.  Beginning on 23 March 2009, HRC-STL issued him a series of orders and amendments as follows:

	a.  On 23 March 2009, Orders A-03-909001, ordering him to active duty for CO-ADOS for a period of 180 days, effective 21 April 2008, and ending on 17 October 2009.  He was attached to the U.S. Army Reserve Element, Headquarters, 205th Infantry Brigade, Edinburgh, IN.

	b.  On 24 March 2009, Orders A-03-909001A01, amending his unit of attachment to the 4th Cavalry Brigade, Fort Knox, KY, for the purpose of CO-ADOS in support of Operation Enduring Freedom (OEF).

	c.  On 28 May 2009, Orders A-03-909001A02, amending the fund-cite.

6.  On 23 September 2009, Headquarters, IMCOM, Fort Knox, KY, published Orders 266-0175, ordering his release from active duty, effective 17 October 2009.

7.  On 8 October 2009, HRC-STL published Orders A-03-909001A03, amending his period of active duty from 180 days, ending on 17 October 2009, to 170 days, ending on 7 October 2009.
8.  On 8 October 2009, HRC-STL published Orders A-10-927693 ordering him retained on active duty for a period of 60 days, beginning on 8 October 2009 and ending on 6 December 2009.  He was assigned to the WTU, Fort Knox, KY, to participate in the Reserve Components (RC) WT Medical Retention Processing Program (MPR2) for the purpose of medical evaluation.

9.  On 17 October 2009, he was issued the contested DD Form 214 that covered the active duty period from 21 April 2008 to 17 October 2009.

10.  On 20 October 2009, HRC-STL published Orders A-10-927693A01 amending his period of retention on active duty from 60 days ending on 6 December 2009 to 13 days ending on 20 October 2009.

11.  On 20 October 2009, HRC-STL published Orders A-10-928655 ordering him retained on active duty for a period of 365 days, beginning on 21 October 2009, and ending on 30 September 2010.  He was assigned to the WTU, Fort Knox, KY, to participate in the RC WT MPR2 for completion of medical care.

12.  On 23 March 2010, Headquarters, IMCOM, Fort Knox, KY, published Orders 082-0168, ordering his release from active duty, effective 22 April 2010.

13.  On 22 April 2010, he was issued a DD Form 214 that covered the active duty period from 21 April 2008 to 22 April 2010. 

14.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  When a DD Form 214 has been prepared and distributed, and is subsequently determined that it was prepared in error (for example, should not have been prepared at all), the responsible Transition Center will void the DD Form 214 by memorandum and distribute this memorandum to all addressees that received the erroneously prepared form, by advising them of the error and requesting the voided DD Form 214 be destroyed by burning or shredding. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the contested DD Form 214 should be burned or shredded. 

2.  The evidence of record shows the applicant entered active duty on 21 April 2008 and he was scheduled to be released from active duty on 17 April 2009.  He received a number of extensions.  His servicing Transition Center erroneously issued a DD Form 214 terminating his active service on 17 October 2009.

3.  However, he continued to serve on active duty beyond this date due to an injury or illness and he was issued appropriate orders authorizing his retention on active duty.  He was ultimately released from active duty on 22 April 2010 and he was issued an appropriate DD Form 214 that captured his service from 21 April 2008 through 22 April 2010.

4.  Since he was retained on active duty and since the contested DD Form 214 was issued in error and his period of active service is captured by another DD Form 214, the contested DD Form 214 serves no purpose.  It should be voided and removed from his official records. 

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 voiding the DD Form 214 ending on 17 October 2009 and removing it from his official records. 



      _______ _ 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)                                         AR20100012467





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ABCMR Record of Proceedings (cont)                                         AR20100012467



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