IN THE CASE OF:	  

		BOARD DATE:	        09 APRIL 2009

		DOCKET NUMBER:  AR20090001863 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the statement "Soldier is Eligible for Transitional Health Care under 10 USC Section 12305 until 7 February 2009."

2.  The applicant states that his orders were amended to reflect entitlement to transitional health care until 7 February 2009; however, the statement was not included on his DD Form 214.

3.  The applicant provides a copy of his separation orders and his DD Form 214 Worksheet (DD Form 214 WS).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 July 2004.  He completed his training and served as a cavalry scout.  He was promoted to the pay grade of E-5 on 1 January 2007 and deployed to Iraq on the same date.

2.  He served in Iraq until 1 January 2008 and on 8 August 2008, he was honorably released from active duty (REFRAD) at Fort Braqg, North Carolina due to completion of required service.  He had served 4 years and 11 days of total active service and was transferred to a Pennsylvania Army National Guard unit to complete his statutory service obligation.  His separation orders indicate that he is eligible for transitional health care under 10 USC Section 12305 until 7 February 2009.

3.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides specific instructions as to what special entries are required on the DD Form 214.  There are no current provisions or instructions regarding mandatory entries pertaining to an individual's entitlement to transition health care to be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant's entitlement to transitional health care is properly reflected on his separation orders and there are no provisions for entering that information on the DD Form 214.  Accordingly, there is no basis to approve his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

      
      
      
      _______ _XXX   _______   ___
               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)                                         AR20090001863



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ABCMR Record of Proceedings (cont)                                         AR20090001863



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