BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110017186
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 removal of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2011 from his official military personnel file (OMPF).
2. The applicant states his OMPF contains a DD Form 214 that shows he retired on 31 July 2011. However, orders dated 15 July 2011 revoked his previously approved voluntary retirement and he is currently serving on active duty.
3. The applicant provides:
* an email, subject: Approved Withdrawal for (applicant's name), dated
13 July 2011
* Orders 196-0502, issued by the U.S. Army Combined Arms Support Command, Fort Lee, VA, dated 15 July 2011
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a field artillery second lieutenant in the U.S. Army Reserve and he executed a
DA Form 71 (Oath of Office - Military Personnel) on 14 May 1993. On
12 February 2004, he executed another DA Form 71 for appointment as a Regular Army officer in the rank/grade of major (MAJ)/O-4 in the Logistics Corps. He served in various staff and leadership positions as a Regular Army officer in the Logistics Corps.
2. His request for a voluntary retirement was approved and he was scheduled to retire on 31 July 2011. His record contains:
* Permanent Orders Number 312-0503, issued by the U.S. Army Combined Arms Support Command, Fort Lee, VA, dated 8 November 2010, authorizing his retirement
* a DD Form 214, dated 25 April 2011, wherein he was retired from active duty as of 31 July 2011
3. He subsequently submitted a request to withdraw his voluntary retirement, which was approved. As a result, Orders 196-0502, dated 15 July 2011, was published revoking Orders 312-0503, dated 8 November 2010, pertaining to the applicant's retirement.
4. He was promoted to lieutenant colonel (LTC)/O-5 on 1 September 2011.
5. Army Regulation 600-8-104 (Military Personnel Information Management/
Records), chapter 2, governs the composition of the OMPF and states that the performance section is used for filing performance, commendatory, and disciplinary data. 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 certain agencies, to include this Board.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's retirement orders were appropriately revoked based on the approved withdrawal of his retirement. He continues to serve on active duty. His DD Form 214 remains filed in his OMPF. However, his DD Form 214 should be removed from his OMPF. His retirement orders and the associated revocation orders should also be removed from his OMPF to avoid any confusion.
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 OMPF:
* Orders 312-0503, issued by the U.S. Army Combined Arms Center, Fort Lee, dated 8 November 2010
* Orders 196-0502, issued by the same headquarters, dated 15 July 2011
* the DD Form 214 for the period ending 31 July 2011
_________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) AR20110017186
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ABCMR Record of Proceedings (cont) AR20110017186
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