IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080006658
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he was released from active duty on 16 August 2007 in the rank of second lieutenant, pay grade O-1.
2. The applicant states that he is a Reserve officer who was released from active duty as an enlisted Soldier on 15 August 2007 so that he could accept a commission on 16 August 2007 as a second lieutenant in the United States Army Reserve (USAR). However, because he was not put on active duty on 16 August 2007 as an officer, he did not receive any pay for that day. He went home on
16 August 2007.
3. The applicant provides a copy of his DD Form 214, appointment memorandum, dated 16 August 2007, and his Oath of Office (DA Form 71).
CONSIDERATION OF EVIDENCE:
1. At the time of this application, the applicant was a second lieutenant, USAR, not on active duty.
2. On 5 March 2007, the applicant was ordered to active duty for training (ADT) as an enlisted member of the USAR. He completed the Basic Combat Training Course and the Officer Candidate Course.
3. On 15 August 2007, the applicant was released from ADT and transferred to the 314th Chemical Company, Decatur, Georgia.
4. On 16 August 2007, the applicant was appointed as a second lieutenant, Chemical Corps, USAR. There is no evidence showing that he was concurrently called to active duty.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The
DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant served a period of ADT that ended on 15 August 2007. He was subsequently transferred back to his USAR unit. On the day following his release from ADT, he was commissioned in the USAR.
2. The applicant was not on active duty on 16 August 2007. Therefore, he was not entitled to receive active duty pay for 16 August 2007.
3. There is no evidence of error, injustice, or inequity in this case. Therefore, the applicantÂ’s request should be denied.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080006658
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