2. The applicant requests that his separation date be changed from 4 December 1991 to 28 January 1992. He also notes that item 16 (accrued leave paid) incorrectly reflects he was paid for 60 days of leave, that item 15a (contribution to Veterans Educational Assistance Program (VEAP)) incorrectly reflects NO and that his Drivers Badge was omitted from his separation document.
3. He states he outprocessed on 4 December 1991 and departed on 55 days of transition leave and that he was paid in December and January.
4. Records indicate he entered active duty in March 1984. As part of his enlistment option he elected to contribute to the VEAP and the Education Benefits Office at the Total Army Personnel Command confirmed he contributed.
5. On 29 January 1988 he reenlisted for a period of 4 years which established his scheduled separation date (ETS) as
28 January 1992. At the time of his reenlistment he was not paid for any existing leave balance.
6. In October 1991 the applicants unit commander initiated a local bar to reenlistment against the applicant for misconduct and unsuitability. The local bar was approved in November 1991 after the applicants unsuccessful attempt at an appeal.
7. The applicant was awarded the Drivers Badge with wheel device on 22 November 1991.
8. On 2 December 1991 orders were issued assigning the applicant to the transition point at Presidio of San Francisco for the purpose of transition processing. The assignment orders note his separation date as 28 January 1992. All of the documents associated with the applicants outprocessing, including counseling statements regarding entitlement to severance pay for involuntarily released soldiers, transition benefits, and a manual computation of his final payment voucher all note the applicants separation date as 28 January 1992. The final payment voucher notes the applicant would be paid for 8 days of accrued leave.
9. The applicant departed on transition leave on 5 December 1991. His DD Form 214 indicates his separation date as
4 December 1991, that he did not contribute to the VEAP and that he was paid for 60 days of accrued leave.
10. Although the applicants actual separation orders are not in available records an endorsement to the orders, issued on 5 December 1991, amended the effective date of the applicants discharge to 4 December 1991.
11. Documents from the Finance and Accounting Office in Indianapolis indicate if the applicant did not use any leave days he would have 63 days of leave accrued at the time of his scheduled ETS date on 28 January 1992. The documents also indicate he received pay in December 1991 and January 1992. On 6 February 1992 the applicant was issued a transition benefits identification card indicating he was entitled to PX privileges through 28 January 1994, which was consistent with the transition counseling document he signed while outprocessing in December 1991.
CONCLUSIONS:
1. It is clear from available evidence that the applicant departed on 55 days of transition leave effective 5 December 1991 with the understanding that his scheduled separation date was 28 January 1992. His final payment voucher, transition benefits identification card, and counseling forms all support this conclusion.
2. There is no evidence he requested an earlier separation date and no explanation why his separation orders were amended on 5 December 1991 to reflect a separation date of
4 December 1991. One could speculate it was an attempt by the transition point to make his separation orders consistent with the incorrectly issued DD Form 214.
3. The evidence also confirms the applicant contributed to the VEAP, was awarded the Drivers Badge with wheel device, and would have been entitled to only 8 days of accrued leave pay. As such he is entitled to have the Drivers Badge reflected on his separation document and item 15a (VEAP contribution) and item 16 (days accrued leave paid) should be corrected.
4. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. showing that the action separating the individual concerned from active duty on 4 December 1991 is void and of no force or effect;
b. by showing he was released from active duty on 28 January 1992;
c. by showing that he was awarded the Drivers Badge with wheel device; and
d. by correcting item 15a to reflect YES indicating contributions to the VEAP, and correcting item 16 to reflect payment of 8 days of accrued leave vice 60.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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