IN THE CASE OF:
BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100018900
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 that a 28 March 2003 DD Form 214 (Certificate of Release or Discharge from Active Duty); 82nd Soldier Support Battalion Permanent Orders 267-4, dated 24 September 2001; and 313th Military Intelligence Battalion Permanent Orders 271-01, dated 27 September 2004, all be removed from his IPERMS (interactive Personnel Electronic Records Management System) record.
2. The applicant states he was retained due to "stop loss" after the DD Form 214 was prepared, but before his actual discharge date. Permanent Orders 267-4 awarded another Soldier the Army Good Conduct Medal, but contained the applicant's social security number (SSN). Permanent Orders 271-01 cancelled Permanent Orders 267-4, but both ended up filed in his IPERMS record. The true meaning of those orders is not apparent and might be confusing to someone reviewing his record during the promotion process. Both should be deleted.
3. The applicant provides copies of each of the pertinent documents plus Noncommissioned Officer Evaluation Reports (NCOER's), leave and earnings statements (LES's), and reenlistment documents to substantiate his request.
CONSIDERATION OF EVIDENCE:
1. At the time of his application he was serving on active duty at Fort Bragg, NC.
2. Various Army-wide messages, including MILPER Message, TAPC-PDT-PM, dated 060853ZDEC01; HQDA, DAPE-MPE, dated 021635ZDEC01; and HQDA, DAPE-MPE, dated 281338ZDEC01, indefinitely precluded officers and enlisted personnel in certain specialties from voluntarily separating from active duty. Not included in this "stop loss" were mostly Soldiers in the identified specialties who had already commenced transition leave.
3. The applicant, then a staff sergeant, was to have been discharged on 28 March 2002. Although the applicant was affected by the "stop loss," the subject DD Form 214 had already been prepared and is filed in his IPERMS record.
4. The DD Form 214 shows the applicant was discharged on 28 March 2002; however, the LES's the applicant provided show he received a full month's pay in April 2002 and subsequent months.
5. He continued on uninterrupted active duty and reenlisted in Afghanistan on 27 September 2002.
6. The applicant's NCOER's for the period October 2001 through May 2002 and June 2002 through May 2003 show continuous assignment with Company D, 313th Military Intelligence Battalion, 82nd Airborne Division.
7. Orders show he was awarded the Army Good Conduct Medal for the periods 25 February 2000-24 February 2003, 24 February 2003-"25" February 2006, and 26 February 2006-25 February 2009.
8. Permanent Orders 267-4 issued by the 82nd Soldier Support Battalion awards another Soldier the Army Good Conduct Medal, but contains the applicant's SSN. The applicant's unit, the 313th Military Intelligence Battalion, issued Permanent Orders 271-01 revoking the former orders. Both orders are currently filed in the applicant's IPERMS record.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was retained due to "stop loss" after the DD Form 214 was prepared, but before his actual discharge date. Permanent Orders 267-4 awarded another Soldier the Army Good Conduct Medal, but contained the applicant's SSN. Permanent Orders 271-01 revoked Permanent Orders 267-4, but both ended up filed in his IPERMS record. The true meaning of those orders is not apparent and might be confusing to someone reviewing his record during the promotion process. Both should be deleted.
2. The 28 March 2002 DD Form 214 did not become effective. It should be voided but retained in his record for continuity. There seems less probability of confusion if both that DD Form 214 and this decisional document are conspicuously retained in his records.
3. This ABCMR Record of Proceedings should be filed in the service portion of the applicant's IPERMS record and utilized as a supporting document to preclude the loss of any authorized benefits.
4. 82nd Soldier Support Battalion Permanent Orders 267-4 awarded the Army Good Conduct Medal to another Soldier, but contained the applicant's SSN and 313th Military Intelligence Battalion Permanent Orders 271-01 revoked Permanent Orders 267-4. Both orders should be deleted from his IPERMS record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
a. marking all copies the 28 March 2002 DD Form 214, "VOID DUE TO STOP LOSS";
b. filing this ABCMR Record of Proceedings in the service portion of the applicant's IPERMS file; and
c. deleting 82nd Soldier Support Battalion Permanent Orders 267-4 and 313th Military Intelligence Battalion Permanent Orders 271-01 from his IPERMS record.
2. The Board further determined 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 deleting the 28 March 2002 DD Form 214 from his IPERMS record.
_________________________
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) AR20100018900
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ABCMR Record of Proceedings (cont) AR20100018900
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