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Decision Text

ARMY | BCMR | CY2011 | 20110022502
Original file (20110022502.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20110022502 


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 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the statement "Extension of contract in support of contingency operation from 20110805 to 20111105."

2.  The applicant states the statement needs to be added to his DD Form 214.

3.  The applicant provides a DA Form 1695 (Oath of Extension of Enlistment) and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  On 3 August 2005, the applicant enlisted in the Regular Army (RA) for 
4 years.  He completed training as a health care specialist.  

2.  The applicant reenlisted in the RA for 3 years on 6 September 2008.  On 3 December 2009, he submitted a Request for Reenlistment or Extension in the RA.  He extended his enlistment for 2 months on 3 December 2009.  The Oath of Extension of Enlistment he completed shows his request for extension was for contingency deployment conditions with incentives, with 5 November 2011 as his new expiration term of service (ETS) date.

3.  On 5 November 2011, the applicant was honorably released from active duty (REFRAD) at the completion of his required active duty service.  Item 18 on his DD Form 214 does not contain the statement "Extension of contract in support of contingency operation from 20110805 to 20111105."

4.  Army Regulation 635-5 (Separation Documents) is the authority for the preparation of the DD Form 214.  The regulation states that item 18 will be used for Headquarters, Department of the Army mandatory requirements when a separate block is not available and as a continuation for entries too long for their respective blocks.  For a Soldier who has his or her period of service extended (as evidenced by the extension reading "for the best interest of the service"), enter "EXTENSION OF SERVICE WAS AT THE REQUEST AND FOR THE CONVENIENCE OF THE GOVERNMENT."  For a Soldier retained past ETS, enter "RETAINED IN SERVICE (specific number of days) FOR CONVENIENCE OF THE GOVERNMENT PER (authority for retention)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  According to the available evidence, the applicant submitted a Request for Reenlistment or Extension in the RA on 3 December 2009.  His extension of service was not at the request and for the convenience of the government.  His extension was at his own request.  He was not retained on active duty past his ETS.  He established a new ETS date of 5 November 2011 when he extended his enlistment and he was REFRAD at his ETS.

3.  There are no provisions for recording extensions of service on the DD Form 214 that were not for the convenience of the government.  The applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   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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ABCMR Record of Proceedings (cont)                                         AR20110022502



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