IN THE CASE OF:
BOARD DATE: 28 May 2013
DOCKET NUMBER: AR20120019970
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 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated on 14 July 2012 vice 11 January 2006.
2. The applicant states he was originally discharged on 11 January 2006 but he was retained on active duty status until 14 July 2012.
3. The applicant provides his DD Form 214, a certificate, a memorandum, orders, and a Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative).
CONSIDERATION OF EVIDENCE:
1. Having had prior Reserve service, the applicant's records show he enlisted in the Massachusetts Army National Guard (MAARNG) on 11 March 2004. He was ordered to active duty as a member of his ARNG unit in support of Operation Iraqi Freedom and he entered active duty on 10 October 2004.
2. He served in Iraq from 31 December 2004 to 5 December 2005 while assigned to the U.S. Army Central Command.
3. He was honorably released from active duty on 11 January 2006 to the control of his ARNG unit, the 1st Battalion, 102nd Field Artillery, Quincy, MA. He completed 1 year, 3 months, and 2 days of creditable active service during this period of service.
4. Item 12b of the DD Form 214 he was issued contains the entry "2006-01-11." Item 28 (Narrative Reason for Separation) of this form contains the entry "completion of required active service."
5. He was subsequently assigned to the MAARNG 181st Engineer Company, Reading, MA.
6. On 17 June 2009, an informal Physical Evaluation Board (PEB) convened at Washington, DC, and confirmed his unfitting disabilities of post-traumatic stress disorder, chronic cervical neck pain with right arm radiculopathy, chronic bilateral knee pain, and chronic right arm pain. The PEB found the applicant's condition prevented him from performing the duties required of his grade and military specialty and determined that he was physically unfit for duty. He was rated under the VA Schedule for Rating Disabilities and assigned a combined 70-percent disability rating. The PEB recommended his retirement and placement on the Temporary Disability Retired List (TDRL) with a reexamination in March 2010. On 24 June 2009, he concurred with the board's findings and waived his right to a formal hearing.
7. He was honorably retired on 6 August 2009 from the ARNG by reason of being medically unfit for retention and he was transferred to the Retired Reserve.
8. The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued for this period of service shows he completed 5 years, 4 months, and 26 days of creditable Reserve service during this period of service and had 8 years of total service for retired pay.
9. Item 8b (Effective Date) of his NGB Form 22 shows the effective date as 6 August 2009.
10. The applicant provides a memorandum from the U.S. Army Physical Disability Agency, dated 13 July 2012, wherein it states he should obtain a new identification card since he was being permanently retired. He also provides a Certificate of Retirement that shows he was honorably retired on 14 July 2012.
11. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
12. National Guard Regulation 600-200 (Enlisted Personnel Management) provides that an NGB Form 22 is prepared for every Soldier being separated from the ARNG or released from the custody and control of the military, unless the Soldier is being discharged for the purpose of immediate reenlistment, executes an interstate transfer, or the Soldier dies. There are no provisions to prepare an NGB Form 22 for a Soldier who was honorably retired because he was placed on the TDRL and is subsequently permanently retired.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was honorably released from active duty on 11 January 2006 which is correctly reflected on his DD Form 214. The DD Form 214 is a record of active Army service on the date of release from active duty.
2. His records also show he was honorably retired from the ARNG on 6 August 2009 and transferred to the Retired Reserve. His NGB Form 22 correctly shows the date he was separated from the ARNG. It appears he was also removed from the TDRL and permanently retired on 14 July 2012. The governing regulation does not provide for the preparation of an NGB Form 22 when a Soldier is removed from the TDRL.
3. In view of the foregoing, he is not entitled to the requested relief.
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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