IN THE CASE OF:	  

		BOARD DATE:	        7 August 2008

		DOCKET NUMBER:  AR20080010683 


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 the DD Form214 (Certificate of Release or Discharge From Active Duty) with a separation date of 20070910 be removed from his Official Military Personnel File (OMPF).

2.  The applicant states he was on terminal leave preparing to be discharged when he decided to reenlist.  The DD Form 214 was already prepared and, because he reenlisted at the last minute, the DD Form 214 was filed in his OMPF.

3.  The applicant provides no additional documentation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army (RA) Staff Sergeant (SSG/E-6).  In 2007, he decided to separate from the Army upon completion of his required active service.  His separation date was established as 10 September 2007.

2.  The applicant had a change of mind and, instead of separating on 10 September 2007, he reenlisted on 10 September 2007 for an indefinite period. He is currently assigned to Headquarters and Headquarters Company, 3rd Brigade Combat Team, 4th Infantry Division, Camp Taji, Iraq.

3.  Review of the applicant's Integrated Personnel Electronic Records Management (iPERMS) file shows that the subject DD Form 214 is on file.

4.  Army Regulation (AR) 600-8-104 (Military Personnel Information Management /Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System and provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records.  It provides that the OMPF is initiated when the Soldier becomes a member of any Army Component.  The Service (S) fiche is the OMPF section where general information and service data are filed.  The S fiche is divided into a service computation (SC) section and a general administration (GA) section.  Documents will be placed in the SC and GA sections as they are received by the custodian.  When more than one document is received at the same time, they will be filed in chronological order.  SC data will be entered from left to right beginning at the upper left comer of the fiche.  GA data will be entered from right to left beginning at the lower right comer of the fiche.  Documents filed on this fiche are those that must be permanently kept to record a Soldier's military service, manage a Soldier's career, and protect the interests of both the Soldier and the Army.  Once placed in the OMPF, a document becomes a permanent part of that file.  The document will not be removed from a fiche or moved to another part of the fiche unless directed by competent authority, including the Army Board for Correction of Military Records.

5.  AR 635-5 (Personnel Separations) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the subject DD Form 214 be removed from his OMPF.

2.  The subject DD Form 214 was completed in preparation for the applicant's separation from the RA.  At the last moment, he did not separate; he reenlisted for an indefinite period and has continued on active duty without a service break.

3. AR 635-5 states that the DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.

4.  The applicant's DD Form 214 is improper and should be voided and removed from his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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 voiding his DD Form 214 with a separation date of 20070910 and removing it from his OMPF and iPERMS file.



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       	   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)                                         AR20080010683



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ABCMR Record of Proceedings (cont)                                         AR20080010683



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