IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110004101
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 his date of separation as 21 June 2010.
2. The applicant states his current DD Form 214 shows an incorrect discharge date of 20 March 2010. His discharge orders and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) show a date of 21 June 2010.
3. The applicant provides copies of his NGB Form 22 and Wisconsin National Guard Orders 180-1073.
CONSIDERATION OF EVIDENCE:
1. The applicant, a staff sergeant in the Wisconsin Army National Guard (WIARNG), was ordered to active duty in support of Operation Iraqi Freedom on 1 February 2009.
2. He served in Iraq from 22 April 2009 through 17 January 2010.
3. He completed the period for which he was ordered to active duty and on
21 March 2010 he was released from active duty and transferred to the WIARNG. A DD Form 214 was prepared to reflect this period of active service.
4. On 21 June 2010, the WIARNG discharged the applicant from the Army National Guard and the Reserve of the Army. He was issued an NGB Form 22 to reflect his period of service in the WIARNG from 21 November 2001 through 21 June 2010.
5. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service providing a brief, clear-cut record of active service at the time of release from active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 correctly shows the period he served on active duty as ending on 21 March 2010. The applicant has provided no evidence that he remained in an active duty status after 21 March 2010.
2. Upon release from active duty, the applicant was returned to the WIARNG and subsequently discharged from the WIARNG and Reserve of the Army.
3. The orders the applicant provided were issued by the WIARNG in relationship to his discharge from the National Guard. They show he was discharged from the National Guard and Reserve of the Army on 21 June 2010. These orders have no bearing on his date of release from active duty 3 months earlier.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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 for correction of the records of the individual concerned.
_______ _ _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) AR20110004101
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ABCMR Record of Proceedings (cont) AR20110004101
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