BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20140002162
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as first lieutenant (1LT); his pay grade as O-2; his home of record (HOR) as XXX K____ Street, Walterboro, South Carolina 29488; his date of initial entry training (IET) as 8 June 2001; and 1 year of foreign service.
2. The applicant states a clerical error during demobilization caused his DD Form 214 to incorrectly reflect his rank and pay grade as second lieutenant (2LT)/O-1; his HOR as XXX M____ Circle, Spartanburg, South Carolina 29303; his date of IET as "0000 00 00"; and no foreign service.
3. The applicant provides a copy of his DD Form 214, orders to active duty and releasing him from active duty (REFRAD), his oath of office, promotion orders to 1LT, and deployment orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the South Carolina Army National Guard (SCARNG) on 8 June 2001. His HOR on his enlistment contract is listed as XXX K____ Street, Walterboro, SC 29488, the address of his parents. He completed his initial entry training as a chemical operations specialist on 4 April 2003. He was honorably discharged on 14 May 2008 to accept a commission.
2. On 15 May 2008, he was appointed as a U.S. Army Reserve (USAR) 2LT. He completed his IET as a Signal Corps officer at Fort Gordon, Georgia, on 13 April 2009.
3. The applicant's active duty orders show he was residing at the address shown in item 7b (HOR at Time of Entry) of his DD Form 214 at the time he was ordered to active duty on 14 April 2009 in support of Operation Enduring Freedom and his orders reflect that address as his HOR. He was promoted to the rank of 1LT on 30 November 2009. The address shown on his promotion orders is that of his parents.
4. He deployed to Afghanistan during the period 12 November 2009-11 November 2010 (1 year).
5. On 7 April 2012, he was honorably REFRAD due to completion of required service. He completed 2 years, 11 months, and 29 days of active service. His DD Form 214 issued at the time of his REFRAD shows the following entries:
* item 4a (Grade, Rate, or Rank) 2LT
* item 4b (Pay Grade) O01
* item 7b XXX M____ Circle, Spartanburg, South Carolina 29303
* item 12f (Foreign Service) 0000 00 00
* item 12h (Initial Entry Training) 0000 00 00
6. The Department of Defense (DOD) Financial Management Regulation, also known as the DOD Pay Manual, states there are no provisions to change an HOR designation in official records unless it can be proven that a mistake was made at the time of entry and that the HOR was not the actual HOR at the time or if there was a break in service of at least 1 full day. A Soldier's initial enlistment contract is the source for this data. The HOR is not always the same as the legal domicile as defined for income tax purposes. The legal domicile may change during a Soldier's career.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the HOR for Reserve Component Soldiers is the HOR at the time the Soldier is ordered to active duty and will be reflected on the active duty orders. It also provides that item 12h does not apply to commissioned officers.
DISCUSSION AND CONCLUSIONS:
1. The applicant was serving in the rank and pay grade of 1LT/O-2 at the time of his REFRAD on 7 April 2012. Accordingly, his DD Form 214 should be corrected to reflect that information.
2. The applicant's active duty orders reflect the applicant's HOR as the address listed on his DD Form 214. Absent evidence to show his active duty orders were in error, there appears to be no basis to change the HOR on his DD Form 214.
3. The applicant completed 1 year of foreign service during his deployment to Afghanistan and that information should be reflected in item 12f of his DD Form 214.
4. The applicant completed his IET as an officer on 13 April 2009; however, the applicable regulation provides that item 12h of the DD Form 214 applies to enlisted personnel only. Accordingly, his DD Form 214 is correct in that no date is entered.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X___ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 7 April 2012 as follows:
* deleting the entry "2LT" from item 4a
* adding the entry "1LT" to item 4a
* deleting the entry "O01" from item 4b
* adding the entry "O02" to item 4b
* deleting the entry "0000 00 00" from item 12f
* adding the entry "0001 00 00" to item 12f
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his HOR and showing he completed IET on 8 June 2001.
3. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
___________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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