IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110004289 


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 reconsideration of his earlier request for clemency for a general court-martial conviction for larceny, forgery, and fraud that led to his dismissal from the Army.

2.  As new issues, he requests an adjustment of his discharge date from 6 May to 27 October 2010 and correction of the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing in:

* item 11 (Primary Specialty) – he served as a 31A (Military Police (MP)) 5 years and 5 months vice 5 years and 3 months
* item 12a (Date Entered on Active Duty) – 7 June 2007 instead of 11 June 2007
* item 12b (Separation Date This Period) – "27 October 2010" instead of "6 May 2010"
* item 12c (Net Active Service This Period) – he completed 2 years, 9 months, and 22 days instead of 2 years, 9 months, and 23 days
* item 12d (Total Prior Active service) – he completed 9 years, 11 months, and 19 days instead of 7 years, 5 months, and 28 days
* item 12e (Total Prior Inactive Service) – he completed 13 years, 1 month, and 7 days instead of 15 years, 6 months, and 10 days
* item 12f (Foreign Service) – he completed 4 years, 1 month, and 13 days instead of 5 years and 2 months
* item 15b (Commissioned Through Reserve Officers' Training Corps (ROTC) Scholarship) – "Yes" annotated instead of "No"
* item 18 (Remarks) – deleting "Separated from Service on Temporary Records and Soldier's Affidavit"
* item 19a (Mailing Address After Separation) and 19b (Nearest Relative) – to his and his wife's current mailing address "XXX Pxxxx Court, Purcellville, VA  20132"
* item 29 (Dates of Time Lost During This Period) – "20070607-20070713" instead of "20070611-20070713"

3.  He also requests a personal appearance.

4.  With respect to clemency, the applicant states:

* he willingly served in the Army upon activation despite a decrease in salary; even after receiving his 20-year letter, he continued to serve
* he encountered reimbursement problems in 2003 that led to a financial hardship that in turn led to his poor decision
* he made a bad decision by filing travel claims and he takes full responsibility for his poor judgment; his actions are inconsistent with his character
* the outcome of the general court-martial was unjust as evidenced by the overall circumstances
* his current employer demonstrated trust and confidence in his abilities by offering him a higher position
* the financial strain continues to seriously impact his family (wife's illness, kids' education, house payments, and medical bills)

5.  With respect to the separation date, the applicant states:

* the Army published orders on 27 October 2010 dismissing him on 6 May 2010, thus causing serious financial hardship to him and his family
he incurred a substantial debt based on his current separation date of 6 May 2010 due to lack of TRICARE coverage and subsequent medical bills between this date and 27 October 2010
* he was unaware of the discharge order and continued to use TRICARE for his family's medical needs
* he was misled to believe that his medical coverage would continue until his DD Form 214 was finalized – the Army should bear the responsibility for failing to ensure he was properly informed

6.  With respect to the administrative corrections to his DD Form 214, the applicant states:

* he entered the Army as an enlisted MP and later served as an MP as a  commissioned officer 
* as a result of his incorrect entry date, his net active service during the period covered by the DD Form 214 is incorrect
* his prior active, inactive, and foreign service were incorrectly calculated
* he was commissioned through ROTC
* he never provided an affidavit; his DD Form 214 incorrectly states he was separated in part based on his affidavit
* his mailing address is incorrect; he advised the Army of his correct mailing address as well as the address of his nearest relative (his wife)
* he was taken into custody on 7 June 2007 and his sentence included 45 days of confinement; he commenced confinement on that date

7.  The applicant provides:

* DD Forms 214 ending 3 October 1984, 2 July 1990, and 6 May 2010
* multiple assignment, reassignment, and attachment orders, dated on various dates
* ROTC Scholarship Certificate
* multiple TRICARE notifications/bills
* National Christian Foundation Medical Benefits Eligibility Letter
* General Court-Martial Orders Number 6
* DA Form 268 (Suspension of Favorable Personnel Actions)
* Notification of Eligibility for Retired Pay at Age 60 (20-year letter)
* promotion orders to lieutenant colonel
* email excerpts from July 2004 of his travel claims

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100015265 on 16 September 2010.

2.  The applicant did not submit any new evidence related to his clemency issue; however, he provides a new argument which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and warrants consideration by the Board.

3.  With respect to the prior active and inactive service, his application to the ABCMR is premature.

	a.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states the Board will not consider any application if it determines that he has not exhausted all administrative remedies available to him.

	b.  He must first contact the Commander, U.S. Army Human Resources Command (HRC), ATTN:  SGS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122 for correction of his prior active and/or inactive service.  He must also submit documentary evidence in support of his request.  Specifically, he must submit copies of all his previous DD Forms 214, DA Forms 1380 (Record of Individual Performance or Reserve Duty Training), National Guard Bureau Forms 22 (Report of Separation and Record of Service), orders releasing him from active duty, ARPC Form 249-E (Chronological Statement of Retirement Points), and/or any other documents that may substantiate entitlement to active or inactive service.

	c.  Therefore, item 12d and item 12e will not be discussed further in the Record of Proceedings.

4.  The applicant initially enlisted in the Regular Army (RA) on 4 October 1982 and held military occupational specialty (MOS) 95B (MP).  He was honorably released from active duty on 3 October 1984 and transferred to the U.S. Army Reserve (USAR) Control Group (ROTC).

5.  He enlisted in the USAR as an ROTC cadet on 10 January 1985 and attended Indiana University.  He was appointed as a Reserve commissioned officer and executed an oath of office on 19 December 1986.

6.  He entered active duty on 20 January 1987 and he subsequently completed the MP Officer Basic Course from 22 January to 7 May 1987.  He was honorably released from active duty on 2 July 1990 and transferred to the USAR Control Group (Reinforcement).

7.  He was appointed from the USAR into the Indiana Army National Guard and executed an oath of office on 29 November 1990.  He served in a variety of assignments and he was promoted to major (MAJ) on 9 March 2000.

8.  He was honorably released from the Army National Guard (ARNG) on 15 March 2003 and transferred to the USAR Control Group (Reinforcement).  He served in area of concentration (AOC) 74A (Chemical-General) with the 223rd Infantry Regiment in California.

9.  On 27 August 2003, the USAR Personnel Command (now known as the U.S. Army Human Resources Command (HRC)), St. Louis, MO, issued him his Notification of Eligibility for Retired Pay at Age 60 (20 year letter).

10.  Prior to and after discharge from the ARNG, he was issued a series of orders by HRC as follows:

* Orders A-110295668, dated 19 November 2002, ordering him to active duty for 179 days from 1 December 2002 to 28 May 2003, Contingency Operations Temporary Tour of Active Duty (COTTAD) in support of Operation Noble Eagle
* Orders M-04-302112, dated 18 April 2003, ordering him to active duty for 365 days effective 26 May 2003 in support of Operation Noble Eagle
* Orders A-110295668A01, dated 1 May 2003, amending his 19 November 2002 orders from 179 to 176 days ending 25 May 2003
* Orders A-03-401941, dated 4 March 2004, ordering him to active duty for 179 days from 25 May to 19 November 2004 for COTTAD in support of Operation Nobel Eagle
* Orders M-10-406022, dated 19 October 2004, ordering him to active duty 365 days effective 20 November 2004 in support of Operation Noble Eagle
* Orders M-10-406022A01, dated 10 November 2004, amending his mailing address from "XXX Pxxxx Court, Purcellville, VA" to an address in CA
* Orders A-09-518562, dated 6 September 2005, ordering him to active duty for 365 days from 20 November 2005 to 19 November 2006 for COTTAD in support of Operation Noble Eagle
* Orders A-09-518562A01, dated 29 September 2005, amending his mailing address from "XXX Pxxxx Court, Purcellville, VA" to an address in CA
* Orders A-11-628633, dated 16 November 2006, ordering him to active duty for 6 months from 20 November 2006 to 18 May 2007 for Uniform Code of Military Justice (UCMJ) processing
* Orders A-05-712990, dated 31 May 2007, ordering him to active duty for 5 months and 26 days from 19 May to 13 November 2007 for UCMJ processing
* Orders A-05-712990R, dated 5 July 2007, rescinding the unexecuted portion of his 31 May 2007 orders effective 10 June 2007

11.  On 7 June 2007, contrary to his plea, he was convicted by a general court-martial of the following articles of the UCMJ:

	a.  Charge I, Article 121, one specification of larceny on divers occasions between on or about 1 October 2005 and 31 July 2006, steal an amount of currency greater than $500.00 in the form of payments for temporary duty and rental expenses that he was not entitled to receive, the property of the U.S. Government;

	b.  Charge II, Article 132, two specifications of fraud, on divers occasions between on or about 1 October 2005 and 31 July 2006, prepared vouchers for presentation for approval or payment, made claims against the U.S. Government, in the amount of $44,000.00 for reimbursement of lodging expenses, claims he knew to be false and fraudulent in the amount of $44,000.00.  On divers occasions between on or about 1 October 2005 and 31 July 2006, for the purpose of obtaining payment of claims, made and used a certain paper, to wit, a lease agreement, which said paper contained statements that he had leased a dwelling from Blue Ridge Rentals in exchange for $4,400.00 a month in rent, which statements were false and fraudulent in that there was no valid lease agreement with Blue Ridge Rentals; and

	c.  Additional Charge I, Article 132, one specification of forgery, on or about 1 October 2005, with intent to defraud, falsely make the signature of A.L as an endorsement to a certain lease agreement, which said lease agreement would, if genuine, apparently operate to the legal harm of another.

	d.  The Court sentenced him to confinement for 45 days, a $20,000.00 fine, and dismissal from service.  The convening authority approved the sentence on 28 November 2007.

12.  On 5 July 2007, HRC-Alexandria published Orders 07-715331, ordering him to active duty for 1 year, 11 months, and 30 days, effective 11 June 2007, for UCMJ processing.  He was ordered to report to the Special Processing Company, Personnel Confinement Facility, Fort Knox, KY.  The orders stated:  He was relieved from Reserve Component assignment on the date preceding the effective date on the order and sentenced to be fined $20,000.00, confinement for 45 days, and dismissal from the service, on the date the sentence was adjudged "7 June 2007."

13.  During the appellate review process, he was issued additional orders amending Orders 07-715331, dated 5 July 2007, as follows:

* Orders 07-715331A01, dated 14 April 2009, amending his mailing address from CA back to "XXX Pxxxx Court, Purcellville, VA  20132" and the end date of his active duty to 5 December 2009
* Orders 07-715331A02, dated 17 November 2009, amending the end date of his active duty to 2 June 2010
* Orders 07-715331A03, dated 8 April 2010, amending the end date of his period of active duty to 28 November 2010

14.  On 5 May 2009, the U.S. Army Court of Criminal Appeals on consideration of the entire record, including the issues personally specified by the applicant, held the findings of guilty and the sentence as approved by the convening authority correct in law and fact.  Accordingly, the findings of guilty and the sentence were affirmed.

15.  On 19 October 2009, the U.S. Court of Appeals for the Armed Forces denied a petition for grant of review of the U.S. Army Court of Criminal Appeals decision.

16.  On 5 April 2010, The Judge Advocate General (TJAG) of the Army denied the applicant's request for clemency.

17.  On 16 April 2010, the Assistant Secretary of the Army for Manpower and Reserve Affairs approved and ordered executed the sentence of dismissal.

18.  Headquarters, Department of the Army (HQDA), Washington, DC, General Court-Martial Order Number 6, dated 22 April 2010, shows that after completion of all required post-trial and appellate reviews, by order of the Secretary of the Army, the Chief of Staff, Army, ordered the applicant "ceases to be a member of the U.S. Army Reserve at midnight on 6 May 2010."

19.  On 27 October 2010, the U.S. Army Installation Management Command, Fort Knox, KY, published Orders 300-0161 ordering his discharge effective 6 May 2010.  Accordingly, he was discharged on 6 May 2010.  His DD Form 214 shows in:

* item 11 (in pertinent part) "31A 5K Military Police – 5 years and 3 months
* item 12a – 11 June 2007
* item 12b – 6 May 2010
* item 12c – "0002  09  23"
* item 12f – 0005  02  00"
* item 15 – "No" is annotated with an "X" 
* item 18 (in pertinent part) "Separated from service on temporary records and Soldier's affidavit"
* item 19a (Nearest Relative) – "XXXXX Lxxxx Cxxxx Court, Purcellville, VA  20132"
* item 19a – "XXXXX Lxxxx Cxxxx Court, Purcellville, VA  20132"
* item 19b, "Sxxxx A. Lxxxx, XXXXX Lxxxx Cxxxx Court, Purcellville, VA  20132"
* item 29 – "20070611-20070713"

20.  On 21 May 2010, he petitioned the ABCMR to grant him clemency by substituting some form of administrative discharge for his dismissal and remitting his $20,000 fine.

21.  On 18 September 2010, the Board recommended in a 2:1 decision to deny the requested relief.  The minority vote was to grant relief.  The Deputy Assistant Secretary of the Army (Army Review Boards) accepted the minority position but only to the extent of granting partial relief in the form of showing the $20,000.00 fine was remitted.

22.  Article 74 of the UCMJ allows the Secretary and, when designated by him, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer to remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence prescribed by the President.  It also allows the Secretary concerned to, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

23.  Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the ABCMR is not empowered to set aside a conviction.  Rather it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate.  Clemency is an act of mercy or instance of leniency to moderate the severity of the punishment imposed.

24.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

25.  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 their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for the preparation of the DD Form 214.

	a.  Item 11 shows the Primary Specialty.  Obtained from the Enlisted/Officer Record Brief (ERB/ORB), this entry shows the titles of all MOS's or AOC's in which an individual served for at least 1 year during the current period of service and includes the number of years and months each MOS/AOC was held.  For time determination, 16 days or more count as a month.  Do not count basic or advanced individual training.  For commissioned officers, also specify the AOC consisting of two numerical digits and one letter.

	b.  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:

		(1)  Item 12a shows the beginning date of the continuous period of active service for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  Date sources are enlistment contracts, orders to active duty, previously-issued DD Forms 214, and other documents.

		(2)  Item 12b shows the Soldier's transition date.  This date may not be the contractual date if 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.

		(3)  Item 12c shows the amount of service this period and is computed by subtracting item 12a from 12b.  Time lost under Title 10, U.S. Code, section 972, and non-creditable time after expiration term of service, if any, are deducted and such time will be identified in item 18.

		(6)  Item 12f is obtained from the ERB/ORB and shows the total amount of foreign service completed during the period covered in item 12c of the DD Form 214.

	c.  Item 15a shows the source of commission.  If commissioned through ROTC, enter "YES."

	d.  Item 18 is used for Headquarters, Department of the Army, mandatory requirements when a separate item is not available, and as a continuation for entries in items 11, 13, and 14.  One of the mandatory entries is when a Soldier is separated with a temporary record.  In a case like this, the entry "separated from service on temporary record and Soldier's affidavit.  A DD Form 214 or DD Form 215 (Correction to DD Form 214) will be issued to provide missing information or to correct any information."

	e.  Items 19a and 19b are provided by the Soldier.  This address must be a permanent address.  Civilian penal institutions will not be accepted.  A Soldier is advised that the name and address of a relative should be someone who will know their location and address at all times.  When a relative is not available, a Soldier may use a close friend.

	f.  Item 29 shows the dates of time lost during the period covered by the DD Form 214.  Verify that time lost as indicated by Defense Finance and Accounting Service agencies has been subtracted from Net Active Service This Period (Item 12c) if the lost time was not "made good."  Lost time under Title 10, U.S. Code, section 972, is not creditable service for pay, retirement, or veterans' benefits.  However, the Army preserves a record (even after time is made up) to explain which service between date of entry on active duty (item 12a) and separation date (item 12b) is creditable service.  For officers, show inclusive dates absent without leave (Article 86, UCMJ).

DISCUSSION AND CONCLUSIONS:

1.  With respect to the clemency issue:

	a.  The applicant was convicted by a general court-martial of larceny, fraud, and forgery.  He was sentenced to a fine of $20,000, 45 days of confinement, and dismissal from the Army.  The U.S. Army Court of Criminal Appeals affirmed the findings of guilty and the sentence.  The U.S. Court of Appeals for the Armed Forces denied a petition of grant of review.  TJAG denied the applicant's request for clemency.  The ABCMR denied his appeal for clemency but granted him partial relief-remission of his $20,000.00 fine.

	b.  Trial by a general court-martial was warranted by the gravity of the offenses charged.  His conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterized the misconduct for which the applicant was convicted.

	c.  Any redress by this Board of the finality of a court-martial conviction is prohibited by law.  The Board is only empowered to change a discharge if clemency is determined to be appropriate to moderate the severity of the sentence imposed.  Given the applicant's grade and experience – a field grade commissioned officer, with years of experience in the Regular Army, ARNG, and USAR – and absent any sufficiently mitigating factors, the type of discharge directed and the reasons therefore were appropriate.

	d.  His request for clemency and all the matters and supporting documents he has presented have been carefully considered.  However, these factors are not sufficiently mitigating to support granting the requested relief.  The applicant defrauded the government.  He knew his actions could negatively impact his military career.  He elected to go to trial and face a court-martial conviction in lieu of submitting a resignation.

	e.  His overall record of service prior to his commission of the offenses that led to his court-martial and dismissal as well as his unfortunate personal situation were considered.  However, his sentence was appropriate given the gravity of the offenses for which he was convicted.  As a result, there is an insufficient evidentiary basis to support clemency in this case.

2.  With respect to the administrative corrections on the DD Form 214:

	a.  Item 11 – specialty:  this is a listing of an AOC served for at least 1 year during the current period of service and include for each AOC the number of years and months held.  The applicant did not serve as an enlisted MP Soldier or a commissioned MP officer during the period covered by the DD Form 214.  Although the entry in item 11 related to serving as an MP for 5 years and 3 months is entered in error and should be deleted, it is the policy of the Board not to correct an administrative error if the correction would result in a less favorable result for the applicant.

	b.  Item 12a – date of entry:  the applicant's court-martial was adjudged on 7 June 2007.  He was sentenced to confinement at Fort Knox, KY, and commenced his confinement immediately thereafter.  The beginning date of his DD Form 214 should be corrected to reflect 7 June 2007.

	c.  Item 12b – separation date:  subsequent to his conviction and as required by law, his court-martial went through an appellate review process.

		(1)  The final court-martial order was issued by HQDA on 22 April 2010, well before the separation date of 6 May 2010.  This order shows that after completion of all required post-trial and appellate reviews, the Chief of Staff, Army, ordered him to cease to be a member of the U.S. Army Reserve at midnight on 6 May 2010.

		(2)  Regardless whether the DD Form 214 was prepared the day after his discharge or a few months later, the applicant ceased to be an officer on 6 May 2007.  While the denial of his TRICARE claims subsequent to this date caused him a financial loss, he was fully aware of the date he ceased to be an officer of the USAR, although the separation orders may not have been published until several months later.  This date is correctly shown on his DD Form 214 and there is no reason to change it.

		(3)  The execution of the dismissal ended his TRICARE eligibility.  He and his family were afforded TRICARE coverage for nearly 3 years after his conviction as he went through the appellate process.  The loss of military benefits is a normal consequence of a dismissal.  He should not be entitled to government-paid benefits when his misconduct – theft, fraud, and forgery – were the root cause of his termination.

	d.  Item 12c – net active service:  shows the amount of service completed this period and it is computed by subtracting item 12a from 12b, minus lost time.

		(1)  The current entry is computed by subtracting 11 June 2007 from 6 May 2010 which equals 2 years, 10 months, and 26 days.  This is further adjusted by subtracting the current lost time of 22 days (11 June 2007 to 13 July 2007) which equals 2 years, 9 months, and 23 days.

		(2)  When the beginning date in item 12a is adjusted from 11 to 7 June 2007 and is subtracted from 6 May 2010, it would equal 2 years and 11 months.  When this amount is further adjusted by subtracting the adjusted lost time of 37 days instead of 33 days (7 June 2007 to 13 July 2007), it equals 2 years, 9 months, and 23 days.  No change is required in item 12c.

	e.  Item 12f – foreign service:  this is the total amount of foreign service completed during the period covered by the DD Form 214.  The applicant did not complete any foreign service during the period covered by the DD Form 214.

	f.  Item 15b – source of commission:  the source of the applicant's commission was ROTC.  The entry in item 15a should be corrected by annotating "Yes" with an "X."

	g.  Item 18 – Soldier's affidavit:  when a Soldier is separated with a temporary record, the entry "Separated from service on temporary record and Soldier's affidavit" is mandatory.  However, in this case the applicant did not provide an affidavit.  Therefore, the entry in item 18 should be amended to remove any wording related to an affidavit.

	h.  Items 19a and 19b – mailing address:  the applicant was not available to provide a mailing address or an address for his nearest relative.  Although there is no evidence he was or would be disadvantaged by this entry, there is no harm to the Army or the Soldier if the address is corrected in items 19a and 19b to show "XXX Pxxxx Court, Purcellville, VA  20132."

	i.  Item 29 – lost time:  as explained earlier, his sentence was adjudged on 7 June 2007 and he began his confinement on that date.  Therefore, the entry in item 29 should be corrected to show he had lost time from "20070607" to "20070713."

3.  His request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  With respect to the clemency issue, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100015265, dated 16 September 2010.

2.  With respect to the corrections on the DD Form 214, 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 in:

* item 12a deleting "11 June 2007" and adding "7 June 2007"
* item 15 deleting the "X" in the "NO" entry and adding an "X" in the "YES" entry
* item 18 deleting the entry "Separated from Service on Temporary Records and Soldier's Affidavit" and adding "Separated from Service on Temporary Records"
* item 19a deleting "XXXXX Lxxxx Cxxxx_ Court, Purcellville, VA  20132" and adding "XXX Pxxxx Court, Purcellville, VA  20132"
* item 19b deleting "Sxxxx A. Lxxxx, XXXXX Lxxxx Cxxxx Court, Purcellville, VA  20132" and adding "Sxxxx A. Lxxxx, XXX Pxxxx Court, Purcellville, VA  20132"
* item 29 deleting "20070611-20070713" and adding "20070607-20070713"

3.  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 his AOC, separation date, foreign service, and net active service.



      __________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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