IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110006716
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 the DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 5 January 2011, be removed from his official military personnel file (OMPF).
2. The applicant states:
* the information on the DD Form 215 is incorrect
* the Army advised him the DD Form 215 needs to be deleted or destroyed
* the DD Form 215 is interfering with his unemployment benefits
3. The applicant provides:
* DD Form 214
* DD Form 215
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty from the U.S. Army Reserve (USAR) on 4 October 2009 in support of Operation Enduring Freedom. He served as an infantryman in Afghanistan from 5 February 2010 to 28 September 2010. On
8 October 2010 he was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
2. His DD Form 214 shows in:
* 12a (Date Entered AD [Active Duty] This Period) the entry "2009 10 04" [4 October 2009]
* 12b (Separation Date This Period) the entry "2010 10 08" [8 October 2010]
* 12c (Net Active Service This Period) the entry "0001 00 05" [1 year and 5 days]
3. Separation orders, dated 4 October 2010, show he was released from active duty effective 8 October 2010.
4. His total length of service for the period 4 October 2009 through 8 October 2010 is 1 year and 5 days as follows:
Year(s) Month(s) Day(s)
2010 10 8 (Separation Date)
- 2009 10 4 (Date of Entry)
= 1 4
+ ____ __ 1 (Inclusive Day)
= 1 5
5. A DD Form 215, dated 5 January 2011, amended items 12b of his DD Form 214 to show the entry "2010 01 08" [8 January 2010] and 12c to show the entry "0001 01 05" [1 year, 1 month, and 5 days].
6. There is no evidence which shows he was released from active duty on
8 January 2010.
7. The total length of service for the period 4 October 2009 through 8 January 2010 (amended separation date shown on DD Form 215) is 3 months and
5 days.
8. A review of his OMPF on the integrated Personnel Electronic Records Management System revealed a copy of the DD Form 215 in question.
9. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the military personnel records jacket, the career management individual file, and Army personnel qualification records. Paragraph 2-4 states that once a document is placed in the OMPF, it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the Army Board for Correction of Military Records or several other agencies.
DISCUSSION AND CONCLUSIONS:
1. His contention the information on the DD Form 215 is incorrect appears to have merit.
2. Evidence shows he was ordered to active duty on 4 October 2009 and released from active duty on 8 October 2010 after completing 1 year and 5 days of creditable active service which is properly reflected in items 12a, 12b, and 12c of his DD Form 214.
3. The DD Form 215 amended his separation date to show 8 January 2010. However, there is no evidence which shows he was released from active duty on this date. Also, the DD Form 215 amended item 12c of his DD Form 214 to show he completed 1 year, 1 month, and 5 days but the total length of service for the period 4 October 2009 through 8 January 2010 (amended separation date shown on DD Form 215) is 3 months and 5 days. Since the information shown on the DD Form 215 is incorrect, and per the applicant's request, it would be appropriate to remove this document from his OMPF.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 by voiding and removing the DD Form 215, dated 5 January 2011, from his OMPF.
____________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) AR20110006716
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ABCMR Record of Proceedings (cont) AR20110006716
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