IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100017612 


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, through his Member of Congress, reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was released from active duty on 2 July 2007 instead of 20 May 2007.

2.  The applicant did not make a statement; however, his Member of Congress states that the letter of verification submitted by the applicant's direct supervisor clearly demonstrates the applicant was required to remain at Fort Campbell, KY, to complete his REFRAD (release from active duty) process.  The applicant's REFRAD was completed on 2 July 2007 and he was honorably released from active duty as all his paperwork and his supervisor indicate.  

3.  The applicant provides, through his Member of Congress, a letter, dated 28 June 2010, from the applicant's former supervisor.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080010587, on 15 October 2008 and AR20090018019, on 27 April 2010.



2.  The applicant submitted, through his Member of Congress, a letter of verification from his former supervisor, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 15 March 2002.  He subsequently entered active duty for training (ADT), completed basic combat and advanced individual training, and he was awarded occupational specialty 56M (Chaplain Assistant).  He was released from ADT to the control of his USAR unit.

4.  On 3 August 2004, the 99th Regional Support Command, Coraopolis, PA, issued Orders 04-216-00026, ordering the applicant to active duty for a period of 545 days, effective 20 August 2004 to home station (Coraopolis, PA) and 23 August 2004 to the mobilization site (Fort Dix, NJ), in support of Operation Iraqi Freedom (OIF).  He was assigned to the 133rd Chaplain Support Team.

5.  On 20 August 2004, he entered active duty in Coraopolis, PA and after a period of training at Fort Dix, NJ, he subsequently served in Iraq from 5 October 2004 to 12 October 2005.  Upon completion of his mobilization, he remained on active duty and worked at the U.S. Army Garrison (USAG), Fort Campbell, KY.

6.  On 16 February 2006, the 99th Regional Readiness Command, Coraopolis, PA, issued Orders 04-047-00020, amending the applicant's period of active duty from 545 days to 730 days.

7.  On 19 July 2006, the U.S. Army Human Resources Command, Alexandria, VA, (HRC-ALX) published Orders A-07-618394 ordering the applicant to a temporary tour of active duty under the provisions of section 12301(D) of Title 10, U.S. Code, for a period of 154 days, ending on 20 January 2007, in support of Operation Noble Eagle.  He was assigned to USAG, Fort Campbell, KY.  The orders further instructed him as follows:

SM (service member) is on station.  One way transportation to HOR (Home of Record) at end of tour is authorized.  You will return to the place of initial entry on AD (active duty) for out processing/REFRAD. 

8.  On 7 December 2006, HRC-ALX published Orders A-07-618394A01 amending the applicant's period of active duty from 154 days to 274 days terminating on 20 May 2007 vice 20 January 2007.



9.  On 18 May 2007, the applicant received a change of rater Noncommissioned Evaluation Report (NCOER), for the period from 1 October 2006 through 20 May 2007, for his duties as a Chaplain Assistant NCO, while assigned to USAG, Fort Campbell, KY.

10.  He was honorably released from active duty to the control of his USAR unit on 20 May 2007.  The DD Form 214 he was issued shows the following entries:

* Item 12a (Date Entered Active Duty This Period) shows "2004  08  20"
* Item 12b (Separation Date This Period) shows "2007  07  02"
* Item 12c (Net Active Service This Period) shows "0002  09  01"

11.  On 24 July 2007, a DD Form 215 (Correction to DD Form 214) was issued.  It changed his date of separation from 2 July 2007 to 20 May 2007.  This change did not affect his date of entry on active duty or the net period of service he completed. 

12.  Subsequent to his release from active duty, he performed the following duties:  inactive duty for training (IDT) from 21 May 2007 to 25 May 2007, active duty for training (ADT), from 9 June 2007 to 16 June 2007, and ADT from 24 June 2007 to 29 June 2007. 

13.  On 20 May 2008, the applicant received an annual NCOER for the period from 21 May 2007 through 20 May 2008, for his duties as a Chaplain Assistant NCO, while assigned to the 133rd Chaplain Support Team, 99 Soldier Lane, Coraopolis, PA.

14.  He submitted, through his Member of Congress, a memorandum, dated 28 June 2010, from the Fort Campbell, KY, USAR Installation Chaplain Staff, wherein he states that the applicant was stationed at Fort Campbell from 7 May 2007 through 2 July 2007 and worked for the Installation Chaplain while simultaneously going through his required REFRAD steps.  The Chaplain also verifies that the applicant was present for duty and completed his out processing until he was honorably discharged on 2 July 2007.

15.  Army Regulation 635-5 (Separation Documents) 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 his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:

	a.  Item 12a (Date Entered AD This Period) shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. 

	b.  Item 12b (Separation Date This Period) shows the Soldier’s transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.

	c.  Item 12c (Net Active Service This Period) shows the amount of service this period, computed by subtracting item 12a from 12b.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his date of REFRAD as 2 July 2007. 

2.  The evidence of records shows the applicant was ordered to active duty at his home station (Coraopolis, PA) on 20 August 2004.  He subsequently served in Iraq and returned to Fort Campbell, KY.  His period of active duty was extended from 545 days to 730 days.  

3.  While on station at Fort Campbell, KY, he was further ordered to active duty for a period of 154 days, terminating on 20 January 2007, but later extended to 274 days, terminating on 20 May 2007.  His orders were clear:  He was authorized one way transportation to his HOR at the end of his tour and he was instructed to return to the place of initial entry on AD for out processing and/or REFRAD. 

4.  He was honorably released from active duty to the control of his USAR unit on 20 May 2007, as his orders instructed, and received a change of rater NCOER through 20 May 2007.  It is unclear why the applicant chose to ignore his orders and it is equally unclear what authority he used to not report to his home station for out processing as ordered.  Nevertheless, the fact remains that not only did he not have authority to remain on active duty he performed IDT and ADT subsequent to his REFRAD.

5.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of active duty, ADT, and IDT into one DD Form 214 is not authorized.

6.  He served on active duty from 20 August 2004 through 20 May 2007.  Both dates are properly annotated on his DD Form 214 and he received appropriate service credit for the period of active duty he served.  There is neither an error nor an injustice.

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 to amend the decision of the ABCMR set forth in Docket Number AR20080010587, dated 15 October 2008 and AR20090018019, dated 27 April 2010. 



      __________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)                                         AR20100017612



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ABCMR Record of Proceedings (cont)                                         AR20100017612



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