IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100018042 


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) be corrected to show he was awarded the Army Achievement Medal (AAM) (3rd Award) and retained in service for 142 days for the convenience of the government due to Stop Loss.

2.  The applicant states, in effect, he was awarded three AAMs and retained in the service 142 days for the convenience of the government not 124 days as indicated on his DD Form 214.  

3.  The applicant provides his DD Form 214; time and date calendars (2004 - 2008); a Statement of Wartime Service memorandum, dated 31 October 2007; an AAM certificate, dated 30 July 2007; Page 1 of a DA Form 638 (Recommendation for Award), dated 10 November 2007; an AAM certificate, dated 22 November 2007; a DA Form 638, dated 8 August 2005; and an AAM certificate dated 30 August 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains a DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States) that shows he enlisted in the Regular Army on 4 August 2004 for a period of 3 years and 16 weeks.  This established his expiration term of service (ETS) date as 23 November 2007.


2.  Section I (Assignment Information) of his Enlisted Record Brief contains the entry "S" (Stop Loss) in the "Delay Separation Reason."

3.  On 25 March 2008, he was honorably released from active duty after completing a total of 3 years, 7 months, and 22 days of active military service.  The DD Form 214 he was issued contains the following entries:

   a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign, Ribbons Awarded or Authorized) lists the Army Achievement Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Iraq Campaign Medal, Army Service Ribbon, and Overseas Service Ribbon (2nd Award) as his authorized awards; and 
   
   b.  Item 18 (Remarks) shows he was retained in service for 124 days for the convenience of the government under the provisions of Title 10, U.S. Code, section 12305.

4.  The applicant provides the following:

	a.  time and date calendars with hand written annotations which show the date he entered the service was 4 August 2004 and his original ETS date was 
4 November 2007.  His ETS date after Stop Loss was 25 March 2008 which indicates term of service was 3 years and 3 months, and other calculations; 

	b.  a Memorandum for Record from the 3rd Battalion, 82nd Field Artillery, Forward Operating Base, Union III, Baghdad, Iraq, dated 31 October 2007, which states he was awarded the AAM as his end of tour award;

	c.  a permanent change of station award recommendation and certificate showing Permanent Orders Number 235-02, dated 30 August 2005, awarded him the AAM for the period 2 December 2004 to 1 December 2005;

	d.  an award certificate showing Permanent Orders 211-03, dated 
30 July 2007 awarded him the AAM for meritorious service during Operation Enduring Freedom for the period 18 October 2006 to 31 December 2007;

	e.  page 1 of an ETS award recommendation for the AAM, dated 
10 November 2007, for the period 28 December 2005 to 25 March 2008; and





	f.  an award certificate showing Permanent Orders Number 326-04, dated 
22 November 2007, awarded him the AAM for meritorious service for the period 28 December 2005 to 25 March 2008.

5.  The record is void of any permanent orders or recommendations for award of the AAM. 

6.  MILPER Message Number 06-232, subject:  Active Army Stop Loss/Stop Movement Program for Units Scheduled to Deploy Outside the Continental United States in Support of Operation Iraqi Freedom and Operation Enduring Freedom, provides guidance on adjusting ETS and separation dates.  It states the Human Resources Command Enlisted Personnel Management Directorate will adjust Soldiers' ETS dates to the unit's stop-loss/stop-movement end date if ETS is in the stop-loss window (D-90 to R+90) and post delay in separation reason code "S."  These changes will be automatically posted to the Defense Joint Military Pay System, the Defense Enrollment Eligibility Reporting System, and the Electronic Military Personnel Office.

7.  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 item 18 is used to record mandatory requirements when a separate block is not available.  For a Soldier retained past his ETS, enter “RETAINED IN SERVICE (specify number of days) FOR CONVENIENCE OF THE GOVERNMENT PER (authority for retention).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show he was awarded the AAM (3rd Award) and retained in service for 142 days for the convenience of the government due to Stop Loss.

2.  He provides award recommendations and certificates which show he was awarded three AAMs due to permanent change of station, ETS, and end of tour during his period of service.  However, his DD Form 214 reflects only two awards.  His record should be corrected to show a third award of the AAM.



3.  The applicant contends he was retained at the convenience of the government for 142 days not the 124 days shown on his DD Form 214.  However, the applicant based his calculations on an original ETS date of
4 November 2008 which is incorrect.  His original ETS date is calculated using a term of service of 3 years and 16 weeks (16 weeks x 7 days = 112 days):

											YYYY MM DY
   Date entered Active Duty			2004   08    04
   Term of Contract (3 Yrs)			+	 3	00    00																				2007   08    04	
   16 weeks (7 x 16)					+		      112 	
   	27 days- August
   	30 days - September
   	31 days - October
   	24 days - November			2007   11     24
   										-			    01 (the last day)
   Original ETS Date					2007   11    23
   
4.  The inclusive number of days between 23 November 2007 and his actual separation date of 25 March 2008 is 124 days (November 8 days; December
31 days; January 31 days; February 29 days; and March 24 days).  His DD Form 214 shows the correct entry in block 18. 

5.  In view of the above, his record should not be corrected to show he was extended on active duty 142 days beyond his ETS date. 

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 the entry "Army Achievement Medal (2nd Award)" from and adding "Army Achievement Medal (3rd Award)" to his DD Form 214.
2.  The Board further determined that the evidence presented was 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 correcting item 18 of his
DD Form 214 to show he was retained in the service 142 days for the convenience of the government.  




      _______ _   _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)                                         AR20100018042



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ABCMR Record of Proceedings (cont)                                         AR20100018042



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