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ARMY | BCMR | CY2010 | 20100027784
Original file (20100027784.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100027784 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 September 2010 to show he served in the Regular Army (RA).

2.  The applicant states that item 2 (Department, Component, and Branch) of his DD Form 214 should show he served in the RA, not the U.S. Army Reserve (USAR).

3.  The applicant provides copies of his DD Form 214 and Orders 169-0005 issued by Headquarters, U.S. Army Garrison-Redstone, dated 18 June 2010.

CONSIDERATION OF EVIDENCE:

1.  With prior active duty service in the U.S. Marine Corps, the applicant enlisted in the Army National Guard (ARNG) on 17 February 1999 and was qualified in military occupational specialty 92G (Food Service Operations).

2.  On 24 May 2004, he was honorably discharged from the ARNG by Orders 126-018 issued by the Georgia ARNG, dated 6 May 2005, and transferred to the USAR.

3.  On 4 October 2006, the applicant was discharged from the USAR by Orders 06-289-00002 issued by Headquarters, 87th Division (Training Support), dated 16 October 2006.  The additional instructions of these orders state, "your enlistment in, or assignment to, the USAR was terminated on the effective date of this order as a result of your immediate reenlistment in the RA on 20061005 [5 October 2006]."

4.  The applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain a DD Form 4 (Enlistment/
Reenlistment Document – Armed Forces of the United States) that shows he enlisted in the RA in pay grade E-6 on 5 October 2006 for a 4-year period.

5.  The applicant was retired effective 30 September 2010 by Orders 169-0005 issued by Headquarters, U.S. Army Garrison-Redstone, dated 18 June 2010.  Within these orders it shows "COMPONENT:  USA [U.S. Army]."

6.  Upon retirement, he was issued a DD Form 214 that shows the entry "ARMY/USAR" in item 2.

7.  Army Regulation 635-5 (Separation Documents) 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.  For item 2 of the DD Form 214, compare the Enlisted Record Brief to the enlistment contract and enter "RA," "ARNGUS," or "USAR."

DISCUSSION AND CONCLUSIONS:

Based on the evidence of record and his enlistment contract, an error occurred in the preparation of the applicant's DD Form 214 with a separation date of 30 September 2010.  Clearly, the applicant's component was RA, not USAR.  Therefore, he is entitled to a correction of his aforementioned DD Form 214 to show his component as RA.

BOARD VOTE:

__X_____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 as follows:

	a.  removing the entry "ARMY/USAR" from item 2 of his DD Form 214 with a separation date of 30 September 2010 and

	b.  adding to item 2 of this same DD Form 214 the entry "ARMY/RA."



      _______ _  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.

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ABCMR Record of Proceedings (cont)                                         AR20100027784



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