IN THE CASE OF:
BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110011282
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 item 9 (Command to Which Transferred) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the entry "Texas Army National Guard (TXARNG)" instead of "N/A (Not Applicable)."
2. The applicant states he left the active component to take a Title 10, U.S. Code ARNG position affiliated with the TXARNG. He is currently serving in that capacity; however, he cannot be accessed into the State of Texas until this issue is resolved. He was released from active duty on 1 February 2011 and he had orders reporting to Fort Hood, TX, effective 2 February 2011. He cannot be accessed until the DD Form 214 is corrected.
3. The applicant provides:
* DD Form 214
* Orders 10-10 (orders to active duty)
* Orders 19-16 (amendment of orders to active duty)
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a U.S. Army Reserve second lieutenant and executed an oath of office on 12 May 2000. He entered active duty on 24 June 2000 and served in a variety of stateside and overseas assignments. He was promoted to major (MAJ) on 1 January 2010.
2. The facts and circumstances surrounding his discharge are not available for review with this case. It appears the applicant had submitted a request for unqualified resignation which was ultimately approved.
3. On 8 October 2010, Headquarters, III Corps and Fort Hood, Fort Hood, TX published Orders 281-0127 reassigning him to the Fort Hood Transition Center for the purpose of discharge outprocessing effective 1 February 2011. The orders stated that all Reserve of the Army and Army of the United States appointments were terminated.
4. On 10 January 2011, the National Guard Bureau (NGB) published Orders 10-10 ordering him to active duty in an Active Guard Reserve status with assignment to the Relocation Readiness Branch, Fort Hood, TX, effective 2 February 2011. The orders listed his unit of assignment as Joint Force Headquarters, Kansas ARNG (KSARNG), Topeka, KS, but were later amended to read "TXARNG."
5. He was honorably discharged from active duty on 1 February 2011 under the provisions of paragraph 3-5 of Army Regulation 600-8-24 (Officer Transfer or Discharges) for miscellaneous/general reasons (unqualified resignation). The DD Form 214 he was issued shows he completed 10 years, 7 months, and 8 days of creditable active service. Item 9 shows the entry "NA."
6. On 11 August 2011, the TXARNG published Orders 223-1121 appointing the applicant as a MAJ in the TXARNG, effective 2 February 2011. The authority for this appointment is shown as "Voco, The Adjutant General, confirmed on
2 February 2011" and chapter 2 of National Guard Regulation 600-200 (Commissioned Officer - Federal Recognition and Related Personnel Actions). He executed an oath of office on the same date.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. Item 9 shows the command to which the Soldier is transferred. This entry is dependent on the Soldier's status at transition and is determined by Table 2-1. Table 2-1 provides for the entry determination in item 9. Rule 3 states if the separation type is discharge, which includes resignation of Regular Army commissioned officers, and the Soldier has no further military status, item 9 would show the entry "NA."
DISCUSSION AND CONCLUSIONS:
1. The applicant completed his military service obligation and appears to have submitted a request for unqualified resignation. He was honorably discharged from active duty on 1 February 2011 with no further military status. The correct entry in item 9 of a Soldier in this category is "NA" which is appropriately shown on his DD Form 214.
2. However, subsequent to his discharge, he was issued official orders by the TXARNG appointing him as a commissioned officer in the ARNG effective 2 February 20011. Had this information been available at the time his DD Form 214 was submitted, it would have reflected his transfer to the ARNG. Therefore, it would be appropriate to correct his DD Form 214 to show this transfer.
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 deleting from item 9 of his DD Form 214 the entry "NA" and adding the entry "Texas Army National Guard."
_______ _ 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) AR20110011282
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ABCMR Record of Proceedings (cont) AR20110011282
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