IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080014735
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 that her date of release from active duty be corrected from 23 August 2008 to 24 August 2008.
2. The applicant states that she should have been separated from the Army a day prior to the date she entered active duty with the Air Force on 25 August 2008.
3. The applicant provides her separation document (DD Form 214) and documents showing that she was commissioned and entered active duty in the Air Force on 25 August 2008, in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that she was commissioned and entered active duty in the Regular Army on 8 August 2005.
2. In an undated e-mail transmission, Human Resources Command (HRC), Alexandria, Virginia approved the applicants request to be transferred to the Air Force, effective 24 August 2008. In that e-mail, the HRC official stated that Oath of Office (AF Form 133) accepting appointment as a Regular Officer of the Air Force will be executed on 25 August 2008.
3. The applicant DD Form 214 shows she was honorably released from active duty on 23 August 2008 by reason of interdepartmental transfer.
4. The applicant executed her Oath of Office in the Regular Air Force effective 25 August 2008 as directed.
5. Army Regulation 614-120, paragraph 21, Transfer Policy, states that commissioned officers of the Army who are qualified to contribute to an activity of another Uniformed Service may be transferred and appointed in another Service, subject to this regulation. This will be done without interrupting their service careers.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for Item 12c (Net Active Service This Period) enter the amount of service this period, computed by subtracting Item a (Date Entered Active Duty This Period) from Item 12b (Separation Date This Period).
DISCUSSION AND CONCLUSIONS:
1. In order for the applicant to have her interdepartmental transfer accomplished without an interruption of her military career, she would have to have been separated one day prior to her commission in the Regular Air Force.
2. Therefore, in accordance with Army Regulation 614-120, the applicant should have been released from active duty on 24 August 2008.
3. As a result of amendment of the applicant's separation date, it would be appropriate to recalculate her net active service this period.
4. As such, it would be appropriate to correct the applicants records as recommended below.
BOARD VOTE:
___X____ ____X___ ___X___ 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 her DD Form 214 that she was released from active duty from the Regular Army effective 24 August 2008; and
b. amending Item 12c of her DD Form 214 to show her net active service this period as 3 years and 16 days.
_________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) AR20080014735
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ABCMR Record of Proceedings (cont) AR20080014735
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