Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090002993
Original file (20090002993.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090002993 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 7 November 2008 be corrected to show he was discharged on 15 December 2008.  He further requests to be paid for the period 8 November 2008 to 15 December 2008.

2.  The applicant states that he did not receive his separation orders until 
12 November 2008 and was granted an extension of his expiration of term of service (ETS) to clear Fort Stewart, Georgia.  He further states that he was not paid for the period 8 November 2008 to 15 December 2008 prior to his being discharged from active duty. 

3.  The applicant provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 17 February 2006.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 19D (Cavalry Scout).

2.  Headquarters, 3rd Infantry Division, Fort Stewart, Orders 305-0003, dated
31 October 2008, show the applicant's reporting date for separation as 
7 November 2008.



3.  The applicant's DD Form 214 shows that he was discharged on 7 November 2008 under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) by reason of "MISCONDUCT, SERIOUS OFFENSE."  Item 12b (Separation Date This Period) shows the entry "2008" Year(s), "08" Month(s), and "07" Day(s) and in item 12c (Net Active Service This Period) the entry "0002  08  21."

4.  By memorandum, dated 12 November 2008, the Fort Stewart Transition Point indicated that the applicant failed to report for his scheduled final out-processing appointment on 7 November 2008.  The Transition Point further stated that the applicant would be separated in absentia on the third duty day from the actual separation date.  His pay and entitlements were stopped on the effective date of separation.  The Transition Point concluded that it was not authorized to make changes to the applicant's DD Form 214 after the effective date of separation.

5.  By memorandum, dated 24 November 2008, the Commander, 2nd Brigade Combat Team, 3rd Infantry Division, requested an ETS extension until 
15 December 2008 on behalf of the applicant.  The Commander stated that the applicant's orders were sent to a Human Resources Soldier who left the unit on a permanent change of station move prior to the applicant.  As a result, the applicant did not receive his orders and was unable to meet the requirements of his initial separation date on 7 November 2008.

6.  By memorandum dated 3 December 2008, the Commander, E Company, 1st Battalion, 30th Infantry, provided a statement of service for the applicant.  The commander stated "This is to certify that soldier (sic) [Applicant's personal information] above is a member of my command and has been present for duty from 07 NOV 08 to present, and will remain until cleared from FT. Stewart or until 15 DEC 08."

7.  A DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members), prepared on 4 December 2008, shows that the applicant's anticipated date of separation was 15 December 2008.

8.  On 4 May 2009, the Defense Finance and Accounting Service (DFAS) confirmed the applicant's last payment date was 7 November 2008.

DISCUSSION AND CONCLUSIONS:

1.  Headquarters, 3rd Infantry Division, Fort Stewart, Orders 305-0003, dated
31 October 2008, and the applicant's DD Form 214 show his separation date from active duty as 7 November 2008.  However, memoranda from the 
applicant's company commander and brigade commander show he did not receive his separation orders in a timely manner and did not separate from active duty until 15 December 2008.  Therefore, his DD Form 214 with the period ending 7 November 2008 should be corrected to show his separation date as 
15 December 2008 and his net active service should be corrected to show
2 years, 9 months, and 29 days. 

2.  Evidence of record shows that the applicant separated from active duty on 
15 December 2008 and there is no evidence to show his discharge orders were amended.  Therefore, his 31 October 2008 discharge orders should be corrected to show his separation date as 15 December 2008.
  
3.  DFAS should audit the applicantÂ’s records.  If the audit confirms that he is entitled to pay from 8 November 2008 to 15 December 2008, he should be paid.

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.  deleting from item 12b of the applicant's DD Form 214 the entry
"2008  11  07" and replacing it with the entry "2008  12  15";

	b.  deleting from item 12c of the applicant's DD Form 214 the entry
"0002  08  21" and replacing it with the entry "0002  09  29";

	c.  amending Headquarters, 3rd Infantry Division, Fort Stewart, Orders
305-0003, dated 31 October 2008 to show his discharge date as 15 December 2008;



	d.  auditing his records at DFAS; and 

     e.  paying the applicant any pay and allowances due as a result of the above corrections.



      _________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)                                         AR20090002993



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002993



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090004467

    Original file (20090004467.txt) Auto-classification: Approved

    The applicant requests that his separation program designator (SPD) of "JFM" (Disability, Existed Prior to Service, PEB [physical evaluation board]) be corrected to the SPD "JFL" (Disability, Severance Pay). The PEB recommended the applicant be separated with severance pay if otherwise qualified. The applicant's discharge orders dated 22 July 2008 did not provide for his discharge with severance pay with a 10 percent disability rating.

  • ARMY | BCMR | CY2013 | 20130002879

    Original file (20130002879.txt) Auto-classification: Approved

    BOARD DATE: 26 September 2013 DOCKET NUMBER: AR20130002879 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This regulation states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. an active duty Soldier ordered to deploy to a foreign country, enter in item 18 the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." As a result, the Board recommends that all Department of...

  • ARMY | BCMR | CY2009 | 20090002336

    Original file (20090002336.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 4 June 2007 to show he deployed to Iraq on two separate occasions. He further requests that the foreign service on his DD Form 214 be corrected. Headquarters, 164th Corps Support Group Permanent Orders 296-025, dated 31 October 2006, show that the applicant was awarded the Army Commendation Medal for meritorious service while assigned as a driver during...

  • ARMY | BCMR | CY2009 | 20090005038

    Original file (20090005038.txt) Auto-classification: Approved

    A review of the applicant's military personnel records show that he may be authorized additional awards that are not shown on his DD Form 214. The applicant was authorized HFP/IDP during the period 1 November 2002 to 31 May 2003 for his service in an HFP/IDP area (Kuwait) in support of Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of his DD Form 214 the Iraq Campaign Medal...

  • ARMY | BCMR | CY2001 | 2001060665C070421

    Original file (2001060665C070421.rtf) Auto-classification: Approved

    The applicant's medical records were reviewed by the Physical Evaluation Board on 19 October 1999. On the date that promotion orders were published promoting him to the rank of Staff Sergeant, he was in a promotable status. On the effective date of his promotion, 1 October 1999, the applicant's records had not yet been reviewed by the Physical Evaluation Board and a decision about his retainability in service had not yet been made, and therefore, the promotion orders should not have been...

  • ARMY | BCMR | CY2009 | 20090002275

    Original file (20090002275.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 19 May 2009 DOCKET NUMBER: AR20090002275 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This permanent award order shows the applicant's period of service in Iraq was from 15 May 2007 to 25 July 2008. As a result of adding the applicant's second tour in Iraq to his DD Form 214, it is also necessary to correct item 12F of this form to reflect his additional period of foreign service.

  • ARMY | BCMR | CY2011 | 20110002194

    Original file (20110002194.txt) Auto-classification: Approved

    The applicant requests correction of her record to show she was retired as a sergeant (SGT)/E-5 instead of specialist (SPC)/E-4. Her DD Form 214 currently shows she was retired due to temporary disability in the rank/pay grade of SPC/E-4 with an effective date of promotion of 22 October 2003. In view of the foregoing, the applicant is entitled to correction to her DD Form 214 to show she was promoted to SGT/E-5 with an effective date and date of rank of 10 November 2008.

  • ARMY | BCMR | CY2010 | 20100028957

    Original file (20100028957.txt) Auto-classification: Approved

    His DD Form 214 contains the following information: * Item 12f (Foreign Service) shows he completed 3 years, 7 months, and 6 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear the: * Army commendation Medal * Army Achievement Medal * Valorous Unit Award * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on...

  • ARMY | BCMR | CY2008 | 20080009196

    Original file (20080009196.txt) Auto-classification: Approved

    In addition, the available evidence fails to show that the applicant was issued a DD Form 214, or any other document, separating him from active duty in the RA and/or discharging him from the U.S. Army. In view of all of the foregoing, and based on the fact the applicant waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than General Under Honorable Conditions, and...

  • ARMY | BCMR | CY2014 | 20140009842

    Original file (20140009842.txt) Auto-classification: Approved

    The applicant requests correction of his military records to show he transferred his education benefits to his son under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. As a result, the Board recommends that all...