RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2007
DOCKET NUMBER: AR20060010921
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Gerard W. Schwartz
Acting Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Ms. Linda M. Baker
Member
Mr. Michael J. Flynn
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that item 12b (Separation Date this Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 9 September 2005.
2. The applicant states, in effect, that because his separation date reads
26 August 2005, he incurred a debt of $733.74 from the Defense Finance and Accounting Service (DFAS). He further states that since he received his DD Form 214 on 9 September 2005, he was not able to return to his civilian job until 12 September 2005.
3. The applicant provides:
a. a copy of his DD Form 214;
b. a copy of Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum Orders Number 224-1000, dated 12 August 2005;
c. a copy of his DFAS Leave and Earnings Statement;
d. four copies of email messages; and
e. a copy of a letter from his elected representative, dated 28 July 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he entered active duty for Operations Enduring/Iraqi Freedom on 27 January 2003. He served as a 63B4O (Light Wheel Vehicle Mechanic) until he was honorably released from active duty on
26 August 2005. He had completed a total of 2 years and 7 months of active service.
2. Item 12b of the applicant DD Form 214, shows the entry "2005 08 26."
3. According to an email message, dated 9 September 2005, it appears that the applicant received his DD Form 214 from the Human Resources Command Liaison Noncommissioned Officer (NCO) two weeks after his separation date of
26 August 2005.
4. As a result, the applicant incurred a debt from DFAS in the amount of
$733.74, because DFAS continued to pay the applicant because they did not receive the applicant's DD Form 214 in a timely manner.
5. In another email, dated 12 September 2005, it was stated that "This has been a problem for the last month."
6. In conversation between the staff of the Board and the Human Resources Command Liaison NCO, it was stated the DD Form 214 was received on
7 September 2005 and was immediately forwarded to DFAS for processing. Also, he stated after finding out that the applicant had incurred a debt to DFAS, he made several attempts to have the applicant's separation date amended but was unable to have it changed. The applicant was still on active duty for two weeks beyond his separation date.
7. In the letter from the elected representative, dated 28 July 2006, it was stated that the applicant was unable to receive assistance in amending his orders through his chain of command and from the personnel at Fort Drum, New York.
8. Army Regulation 635-5 (Separation Documents), states, in pertinent part, that after a Soldier departs the Transition Center and/or if distribution of the DD Form 214 has been made, correct an error by forwarding a memorandum to U.S. Army Human Resources Command, St. Louis, Missouri [formerly known as Commander, U.S. Army Reserve Personnel Command] requesting that a new DD Form 214 or DD Form 215 as applicable be issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant request that item 12b of his DD Form 214 be corrected to show 9 September 2005.
2. The applicant incurred a debt of $733.74 because he was still being paid for two weeks after his separation date of 26 August 2005. The evidence show that DFAS did not received the DD Form 214 from the Human Resources Command Liaison NCO until 7 September 2005.
3. Due to no fault of the applicant he was still on active duty waiting for his DD Form 214 and the applicant did not receive it until 9 September 2005. Therefore, in the interest of justice, he is entitled to correction of his records to show the date of separation in item 12b of the DD Form 214 as 2005 09 09.
BOARD VOTE:
___le___ ___lmb___ ____mjf__ 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:
a. showing in item 12b of the applicant's DD Form 214 his separation date as
2005 09 09;
b. showing in item 12c of the applicant's DD Form 214 as 0002, 07, 13; and
c. remitting his debt to the Government caused by him continuing to be paid after his date of separation.
_________Lester Echols_________
CHAIRPERSON
INDEX
CASE ID
AR20060010921
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070329
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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