BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140009664
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) for the period ending 21 September 2013 to show:
* his place of entry into active duty as an address in Kentucky
* his home of record (HOR) at the time of entry as an address in Kentucky
* the station where he separated as Kaiserslautern Transition Center, Germany
* award of the Armed Forces Expeditionary Medal (AFEM) with bronze arrowhead device instead of the AFEM
* award of the Expert Infantryman Badge (EIB)
* the date he entered this period of active duty as 26 April 2013
* his net active service during this period as 4 months and 25 days
* his mailing address after separation as an address in Kentucky
2. The applicant states:
a. He was ordered to active duty from his Kentucky residence in the continental United States (CONUS).
b. He separated from active duty in Kaiserslautern, Germany, where his unit of assignment is located.
c. He returned to the place where he entered active duty as stated in the orders.
d. He entered active duty on 26 April 2013.
e. The correct calculation from 26 April 2013 to 21 September 2013 is 4 months and 25 days.
f. He was assigned to and served in combat with Company A, 4th Battalion, 17th Infantry Regiment, a unit credited with an assault landing.
g. He was awarded the EIB on 21 July 1989.
3. The applicant provides:
* DD Form 214 for the period ending 21 September 2013
* active duty orders
* amended active duty orders
* EIB orders
* Headquarters, Department of the Army, General Orders Number 31, dated 30 November 1992
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 November 1987 and trained as a military policeman.
2. Headquarters, 7th Infantry Division (Light) and Fort Ord, CA, Permanent Orders 140-89, dated 21 July 1989, awarded him the EIB. These orders show he was assigned to Company A, 4th Battalion, 17th Infantry Regiment.
3. Headquarters, Department of the Army, General Orders Number 31, dated 30 November 1992, credited his unit, 4th Battalion, 17th Infantry Regiment, with an amphibious assault landing in Panama on 20 December 1989.
4. He was honorably discharged on 20 March 1998 and enlisted in the U.S. Army Reserve (USAR). His DD Form 214 for the period ending 20 March 1998 shows the AFEM with bronze arrowhead and EIB as authorized awards.
5. He was commissioned as a Reserve officer in the USAR in the rank of second lieutenant on 10 August 2001.
6. He was ordered to active duty on 20 February 2003 in support of Operations Noble Eagle/Enduring Freedom. He was promoted to first lieutenant on 10 August 2003. He was released from active duty on 5 April 2004.
7. Headquarters, 7th Civil Support Command, Kaiserslautern, Germany, Order Number 001702, dated 21 March 2013, ordered him to active duty for operational support Reserve Component (ADOS-RC) in Kaiserslautern, Germany, for a period of 45 days with a reporting date of not later than 29 April 2013. These orders show his HOR as an address in Kentucky. These orders state, "You will return to the place where you entered ADOS-RC and be relieved from such duty."
8. Headquarters, 7th Civil Support Command, Kaiserslautern, Germany, Order Number 002679, dated 5 June 2013, amended Order Number 001702 to show he was ordered to ADOS-RC for a period of 89 days with a reporting date of not later than 26 April 2013. These orders show his HOR as an address in Kentucky.
9. Headquarters, 7th Civil Support Command, Kaiserslautern, Germany, Order Number 003030, dated 10 June 2013, amended Order Number 001702 to show he was ordered to ADOS-RC for a period of 148 days with a reporting date of not later than 26 April 2013. These orders show his HOR as an address in Kentucky.
10. On 21 September 2013, he was released from active duty.
11. His DD Form 214 for the period ending 21 September 2013 shows in:
* item 7a (Place of Entry into Active Duty) Wiesbaden, Germany
* item 7b (HOR at Time of Entry) Birkenfeld, Germany
* item 8b (Station Where Separated) Wiesbaden Transition Center, Germany
* item 12a (Date Entered Active Duty This Period) 4 April 2013
* item 12c (Net Active Service This Period) 5 months and 18 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) no EIB or AFEM with bronze arrowhead
* item 19a (Mailing Address After Separation) Community Mailroom, Army Post Office, Wiesbaden, Germany
12. He was assigned to the Retired Reserve effective 1 March 2014.
13. Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The regulation stated:
a. A Soldier's initial enlistment contract or appointment document is the source for items 7a and 7b.
b. For item 8b, enter the location where the Soldier is transitioning, include state or country.
c. For item 19a, this address must be a permanent address.
14. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. Paragraph 5-6 provides detailed instructions for data required in each block of the DD Form 214. For Reserve Component Soldiers, the active duty orders for this period of service will list where the Soldier enters active duty (for example, home address, home station, mobilization station, Army installation, and so forth). For Reserve Component Soldiers, the active duty orders list the Soldier's HOR. HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that items 7a and 7b of his DD Form 214 for the period ending 21 September 2013 are incorrect appears to have merit. His 2013 active duty orders show his HOR as an address in Kentucky. Therefore, it would be appropriate to correct items 7a and 7b of this DD Form 214 to show this address.
2. He claims he was separated from active duty in Kaiserslautern, Germany, and item 8b of his DD Form 214 should be corrected. His ADOS-RC orders state, "You will return to the place where you entered ADOS-RC and be relieved from such duty." Since he entered ADOS-RC in Kaiserslautern, Germany, item 8b of his DD Form 214 should be corrected to show he was separated from Kaiserslautern, Germany.
3. He contends he entered active duty on 26 April 2013 instead of 4 April 2013. His active duty orders which show he was to report not later than 26 April 2013 are accepted as sufficient evidence on which to base amending item 12a of his DD Form 214 to show 26 April 2013. In addition, item 12c should be corrected to show he completed 4 months and 25 days.
4. The AFEM with bronze arrowhead and EIB entries shown on his DD Form 214 for the period ending 20 March 1998 are accepted as sufficient evidence on which to base adding these awards to his DD Form 214 for the period ending 21 September 2013.
5. His contention that item 19a of his DD Form 214 for the period ending 21 September 2013 should be corrected to show an address in Kentucky appears to have merit. Since the governing regulation states the address shown in item 19a must be a permanent address, and item 19a of his DD Form 214 shows a temporary community mailroom address at a military installation in Wiesbaden, Germany, it would be appropriate to amend item 19a to show his mailing address after separation as the home address shown on his 2013 active duty orders.
BOARD VOTE:
__X______ __X______ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the entries in items 7a, 7b, and 19a of his DD Form 214 for the period ending 21 September 2013 and replacing them with the home address shown on his 2013 active duty orders;
b. deleting the entry in item 8b of his DD Form 214 for the period ending 21 September 2013 and replacing it with the entry "Kaiserslautern, Germany";
c. deleting the entry in item 12a of his DD Form 214 for the period ending 21 September 2013 and replacing it with the entry "2013 04 26;
d. deleting the entry in item 12c of his DD Form 214 for the period ending 21 September 2013 and replacing it with the entry "0000 04 25";
e. deleting award of the AFEM from his DD Form 214 for the period ending 21 September 2013; and
f. adding award of the AFEM with bronze arrowhead and EIB to his DD Form 214 for the period ending 21 September 2013.
___________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) AR20140009664
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009664
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