IN THE CASE OF:	  

		BOARD DATE:	  6 May 2010

		DOCKET NUMBER:  AR20090018442 


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 date of discharge on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states the date of discharge on his DD Form 214 shows 31 March 2009; however, the Defense Finance and Accounting Service (DFAS) did not audit his account until July 2009.  It was his understanding that he could not be discharged until everyone completed his paperwork.  He contends he could not have been discharged on 31 March 2009 if DFAS did not audit his records until July 2009.  

3.  The applicant provides the following documents in support of his application:

* DD Form 214
* Military Pay Voucher
* DA Form 2139-E (Military Pay Voucher)

CONSIDERATION OF EVIDENCE:

1.  The applicant’s complete military records are not available.  However, sufficient documents are available for the Board to conduct a fair and impartial review of this case.  

2.  The applicant enlisted in the Regular Army on 8 March 2004.

3.  Special Court-Martial Order Number 170, dated 19 November 2008, shows the applicant was convicted by a special court-martial adjudged on 23 April 2007.  He was sentenced to a forfeiture of $867.00 pay for 6 months, confinement for 6 months, and a bad conduct discharge.  The court-martial order indicated the confinement had been served and the bad conduct discharge would be executed.

4.  The applicant was discharged on 31 March 2009.  Item 12b (Separation Date This Period) on his DD Form 214 shows the entry “2009 03 31.”

5.  The applicant’s Military Pay Voucher shows DFAS audited his military pay records on 11 June 2009 and 16 August 2009.  

6.  His Military Pay Voucher also shows his original expiration term of service (ETS) date was 7 March 2008 and he was confined beyond his ETS.  

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214 and is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It directs that the separation date is the Soldier’s transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government.

8.  The DFAS website describes the three functions of the Debt Establishment Branch as follows:

	a.  Audit pay accounts of separated members from the active and Reserve forces who have a debt at separation and notify the members if the debt is valid.

	b.  Process adjustments to the Master Military Pay Accounts of separated and indebted members on the Defense Joint Military Pay System, Active Component.

	c.  Establish individual out-of-service debts for installation delinquent debts.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 shows his date of discharge as 31 March 2009 but DFAS did not audit his account until July 2009.  However, the purpose for audits is to assess pay records on separated members who have a debt at separation and does not impact the date of discharge.  
2.  The applicant’s Military Pay Voucher from DFAS show he was confined beyond his normal ETS date and he was discharged on 31 March 2009.  Therefore, no error or injustice exists regarding the applicant’s date of discharge and there is no basis for granting the applicant's request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ___x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _______ _   _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)                                         AR20090018442



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ABCMR Record of Proceedings (cont)                                         AR20090018442



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