IN THE CASE OF:	  

		BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120016391 


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, in effect, item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 2 July 2011 instead of 1 July 2011.  

2.  The applicant states:

	a.  his DD Form 214 was amended prior to his discharge from active duty to reflect his transfer from active duty into the Reserve Component, which should have been effective 2 July 2011.  

	b.  he has spent the last year trying to get the error fixed so he would not have a gap in service.

	c.  he was told a code was incorrect on the DD Form 214 which led to him not being entered into the Reserve system and if that code had been changed or fixed near the time of discharge he would have been in the Reserve already. 

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DA Form 5691-R (Request for Reserve Component Assignment Orders)   
* DA Form 71 (Oath of Office) 


CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) on 14 September 1994.  He was appointed a captain in the USAR, Medical Corps, on 13 May 1998 and he was ordered to active duty on 3 June 1998 to fulfill his Active Army requirement.  He accepted appointment in the Regular Army (RA) on an unknown date.  He was promoted to lieutenant colonel on 3 June 2010.  

2.  His record contains Headquarters, 3rd Infantry Division and Fort Stewart, Orders 039-0001, issued on 8 February 2011, which show his date of discharge from the Regular Army as 1 July 2011.  

3.  Accordingly, on 1 July 2011, he was discharged for miscellaneous/general reasons and transferred to the USAR as shown on his 
DD Form 215.  Item 12b of his DD Form 214 shows the entry "2011 07 01" 
(1 July 2011).

4.  He provided an Oath of Office which shows he was appointed a lieutenant colonel in the USAR on 2 July 2011.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 12b of his DD Form 214 should be corrected to show 2 July 2011 because he has a 1-day gap/break in service.

2.  Evidence shows he was discharged as a Regular Army officer on 1 July 2011 and he was appointed in the USAR effective 2 July 2011.  

3.  He did not have a gap/break in service.  Correcting his DD Form 214 to show he was discharged on 2 July 2011 would mean he held two statuses on that date – RA and USAR, which is not authorized.  He had a continuous status in the Army although in different components.  Therefore, there is insufficient evidence on which to amend item 12b of his DD Form 214.  









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)                                         AR20120016391





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ABCMR Record of Proceedings (cont)                                         AR20120016391



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