IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110014067
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 military records by removing an incorrect copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, his Official Military Personnel File (OMPF) contains both a correct and incorrect copy of his latest DD Form 214. He desires removal of the incorrect copy showing an ending date of 29 May 2010.
3. The applicant provides copies of both the correct and incorrect DD Form 214 and the orders releasing him from active duty.
CONSIDERATION OF EVIDENCE:
1. The applicant's personnel record contains a Retirement Points Detail showing the specific dates of the applicant's active and inactive periods of service. The data on this listing shows he was in an active status from 1 November 2008 through 13 April 2010. It further shows he performed inactive duty training and earned 8 retirement points for service on 22-23 April and on 15 and 21 May 2010.
2. A review of documents filed in the applicant's OMPF contains the following two DD Forms 214 filed in multiple sections:
a. a DD Form 214 for the period 1 November 2008 to 13 April 2010; and
b. a DD Form 214 for the period 1 November 2008 to 29 May 2010.
3. Orders 033-0135, issued by Headquarters, Fort Stewart and Hunter Army Airfield, Fort Stewart, GA, dated 2 February 2010, released the applicant from active duty effective 13 April 2010.
4. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides that all personnel information recorded under the authority of this regulation is the property of the United States Government.
a. Once recorded, it will not be removed except as provided by law or this regulation.
b. Types of authorized military personnel files are the OMPF, Military Personnel Records Jacket (MPRJ), Career Management Individual File (CMIF), and the Classified Personnel Record (CPR).
c. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from, or moved to another part of the OMPF unless directed by one or more of the following:
* The Army Board for Correction of Military Records (ABCMR)
* The Department of the Army Suitability Evaluation Board (DASEB)
* Chief, Appeals and Corrections Branch, Human Resources Command
* The OMPF custodian when documents have been improperly filed
* Commander, Human Resources Command (HRC), ATTN:
HRC-PDO-PO, as an approved policy change to this regulation
* Chief, Appeals Branch, National Guard Personnel Center
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected by removing an incorrect copy of his DD Form 214.
2. The available evidence clearly shows the applicant's OMPF contains two
DD Forms 214 for a period of service that begins on I November 2008. However, one DD Form 214 shows an ending date of 13 April 2010 and the other shows an ending date of 29 May 2010.
3. A review of the applicant's Retirement Points Detail clearly shows he performed inactive duty training and earned 8 retirement points for service on
22-23 April, and on 15 and 21 May 2010. Accordingly, the DD Form 214 ending on 29 May 2010 cannot be correct. His orders further support his contention that he was released from active duty on 13 April 2010.
4. In view of the foregoing, the DD Form 214 for the period ending 29 May 2010 should be removed from all sections of the applicant's 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 removing from his Official Military Personnel File the DD Form 214 for the period ending 29 May 2010.
__________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) AR20110014067
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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