IN THE CASE OF:	  

		BOARD DATE:	    27 July 2010

		DOCKET NUMBER:  AR20100000967 


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 the separation date as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "2008  08  22" to "2008  09  27."

2.  The applicant states "2008  09  27" is what his orders reflect.

3.  The applicant provides copies of:

* his DD Form 214
* a DA Form 31 (Request and Authority for Leave)
* Orders 224-0284, Headquarters, 82d Airborne Division, dated 11 August 2008
* Orders 225-0253, Headquarters, 82d Airborne Division, dated 12 August 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 August 2004 for a period of 4 years and 16 weeks.

2.  Item 12b (Separation Date This Period) of the applicant's DD Form 214 contains the entry "2008  08  22" [22 August 2008].  Item 12c (Net Active Service This Period) contains the entry "0004  00  20" [4 years and 20 days].  Item 23 (Type of Separation), item 25 (Separation Authority), and item 28 (Narrative Reason for Separation) show he was released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-16, to attend civilian school.

3.  Orders 224-0284, Headquarters, 82d Airborne Division, dated 11 August 2008, show his date of REFRAD as 22 August 2008.

4.  Orders 225-0253, same headquarters, amended Orders 224-0284 to change his date of REFRAD to 27 September 2008.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change the separation date on his DD Form 214 from "2008  08  22" to "2008  09  27" is supported by the evidence.

2.  The applicant was issued orders showing his date of REFRAD was 22 August 2008.  The orders were subsequently amended to show his date of REFRAD as 27 September 2008.  Accordingly, he is entitled to correction of his DD Form 214 to show his separation date as 27 September 2008.

3.  The net active service shown on the applicant's DD Form 214 was calculated using the separation date of 22 August 2008 and should have been calculated using the separation date of 27 September 2008.  He is also entitled to correction of his DD Form 214 to change his net active service from 4 years and 20 days to 4 years, 1 month, and 27 days.

BOARD VOTE:

__X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 making the following changes to his DD Form 214:

	a.  Delete the entry "2008  08  22" from item 12b.

	b.  Add the entry "2008  09  27" to item 12b.

	c.  Delete the entry "0004  00  20" from item 12c.

	d.  Add the entry "0004  01  27" to item 12c.



      _______ _   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)                                         AR20100000967



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100