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.
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