IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110022798
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 Service Obligation (MSO) date to reflect 30 November 2011 instead of 30 November 2013.
2. The applicant states:
a. he completed 3 years active duty service encompassing a 15-month deployment to Iraq, followed by a 3-year reenlistment in the Army National Guard which included a 2-year MSO reduction;
b. he served a total of 6 instead of 8 years active military service without performing any service in the Individual Ready Reserve (IRR);
c. although his career counselor had him sign the DD Form 4 (Enlistment/Reenlistment Contract) showing his 4 year, 9 month, and 27 day service obligation, the annex to the DD Form 4 shows his MSO was reduced;
d. Missouri ARNG (MOARNG) officials stated he must fulfill the MSO reflected on the DD Form 4 because he signed it and indicated it cannot be changed and that it supersedes the annex;
e. his contractual and statutory discharge date should be amended to 30 November 2011, in order to effect his discharge from the service instead of his reassignment or transfer to the IRR.
3. The applicant provides the following:
* Release From Active Duty (REFRAD) Order
* Amendment Order
* 3 pages of Electronic Mail (Email)
* DA Form 4856 (Developmental Counseling)
* Discharge Order
* DD Form 4/1 and 4/2
* DA Form 5601 (Request for Reserve Component Assignment Orders)
* DA Form 7249-R (Annex A)
* DA Form 5435-R (Statement of Understanding-The Selected Reserve Montgomery GI Bill)
* National Guard Bureau (NGB) Form 600-7-4-R-E (Annex B to DD Form 4)
* Enlisted Record Brief (ERB)
* DA Form 2808 (Report of Medical Examination)
* Memorandum dated 2 October 2008
* Information Message Number 08-13 dated 18 January 2008
CONSIDERATION OF EVIDENCE:
1. The applicants military record shows he initially enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 31 August 2005. He continued to serve in the USAR until he was honorably discharged on 21 September 2005.
2. On 22 September 2005, he enlisted in the Regular Army (RA). He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).
3. On 2 October 2008, while serving on active duty, the applicant signed a contract to enlist in the MOARNG for 3 years. Annex A of the DD Form 4 (page 4/DA Form 7249-R) shows that based on the applicants agreement to serve in a Selected Reserve unit, his MSO was reduced by 21 months, thereby adjusting his MSO from 30 August 2013 to 30 November 2011.
4. On 3 October 2008, the applicant was honorably REFRAD after completing
3 years and 12 days of net active service. Item 6 (Reserve Obligation Termination Date) of his DD Form 214 shows the entry 20130830.
5. On 3 October 2008, the applicant entered the MOARNG and continued to serve until he was honorably discharged and transferred to the USAR Control Group (Reinforcement). The NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) contains the entry " 2011 11 30" in item 11 (Terminal Date of Reserve/Military Service Obligation).
6. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. Paragraph 2-4h(6) states that item 6 will contain the completion date of the statutory MSO incurred by a Soldier on initial enlistment or appointment in the Armed Forces.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant received an adjusted MSO of 30 November 2011 effective with his 2 October 2008 enlistment in the MOARNG. Based on this adjustment his DD Form 214 for the period ending 3 October 2008 should be corrected accordingly.
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:
a. deleting from item 6 of his DD Form 214 for the period ending 3 October 2008 the entry "20130830" and replacing it with the entry "20111130";
b. issuing him a correction to his DD Form 214 to reflect this change.
__________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) AR20110022798
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ABCMR Record of Proceedings (cont) AR20110022798
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