BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20090018574
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 the separation date as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "2009 09 04" to "2009 09 15."
2. The applicant states, in effect, that he was recalled from retirement and ordered to active duty for 2 years, but he requested to be released from active duty effective 1 September 2009 in order to accept a job in the civilian sector. He continues to state that he elected a 1 September 2009 release date while his superior recommended that he released on 1 October 2009; however, the U.S. Army Human Resources Command (HRC) ignored the request and ordered him to be released on 3 September 2009. He further states that his recommendation was not forwarded to HRC until 28 September 2009 [correctly 28 August 2009]. The applicant further states that on 3 September he was told to proceed to Fort Belvoir to begin out-processing but when he called the Retirement Services Office they were closed until 8 September 2009. He states he was told by Sergeant C____ at the Fort Belvoir In and Out Processing Center that he could not out-process and would have to request a new separation date. That request was denied by HRC and he out-processed on 14 September 2009, but when he received his DD Form 214 on 15 September 2009, it was dated 4 September 2009.
3. The applicant provides copies of:
* his DD Form 214
* three memoranda from Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, dated 24 July 2009
* memorandum from HRC, St. Louis, MO, dated 3 September 2009
* Orders 258-0006, U.S. Army Garrison, Fort Belvoir, VA, dated 15 September 2009
* 16 pages of electronic mail (email) messages from 24 July 2009 to 8 September 2009
CONSIDERATION OF EVIDENCE:
1. The applicant was recalled to active duty from a retired status on 22 June 2008 for a period of 2 years.
2. The applicant submitted a memorandum, dated 24 July 2009, signed by the HQDA Deputy Chief of Staff G-3 to HRC, Alexandria, VA, requesting the applicant be released from active duty (REFRAD) no later than 1 October 2009.
3. The applicant submitted a memorandum, dated 24 July 2009, to HRC, Alexandria, requesting to be REFRAD no later than 1 September 2009.
4. The applicant submitted a memorandum from HRC, St. Louis, dated 3 September 2009, authorizing his REFRAD no later than 4 September 2009.
5. The applicant submitted a memorandum, dated 8 September 2009, from Headquarters, U.S. Army Cadet Command, Fort Monroe, requesting his release date be changed from 4 September 2009 to 15 September 2009.
6. The applicant submitted email which shows the following:
* 24 July 2009 applicant requested to be REFRAD to accept a civilian position
* 28 August 2009 the applicant requested that his REFRAD packet be processed and that his orders be expedited
* 28 August 2009 applicant's request submitted to HRC for processing
* 3 September 2009 request for REFRAD approved by HRC
* 3 September 2009 HQDA Deputy Chief of Staff G-1 Policy Integrator stated the applicant needed to proceed with REFRAD and that his command did not sign REFRAD until 21 August 2009 which left the applicant with less than 2 weeks when the request left the command
* 8 September 2009 U.S. Army Cadet Command G-1 informed Fort Belvoir that the applicant was requesting a release date of 25 September 2009
* 8 September applicant's command G-1 requested a 15 September 2009 REFRAD date
* 8 September 2009 - U.S. Army Cadet Command G-1 approved applicant's request for extension until 15 September 2009 and submitted to HRC
7. An advisory opinion obtained from the Chief, Transitions and Separations, HRC, dated 19 April 2010, stated the applicant requested correction of his DD Form 214 to reflect the date he actually separated from his last active duty mobilization. However, a review of the limited data and documents in the applicant's file at its command determined there was insufficient data to make a recommendation as the error occurred while the applicant was on active duty under the control of the HRC, Alexandria, and U.S. Army Training and Doctrine Command. That command must affect the correction after ascertaining the claim of the applicant.
8. Army Regulation 635-5 (Separation Documents) states the beginning date of the continuous period of active duty for which the DD Form 214 is being issued is to be entered in item 12a (Date Entered Active Duty This Period) of the DD Form 214 and the date of separation is to be entered in item 12b (Separation Date This Period).
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the advisory opinion, evidence of record shows that the applicant's request for REFRAD was not approved until 3 September 2009 with a 4 September 2009 release date.
2. Evidence of record also shows that Orders Number 258-0006, were not produced until 15 September 2009, well after the 4 September 2009 effective date which did not allow him ample time to out-process. Therefore, he is entitled to correction of his DD Form 214 to show his separation date as 15 September 2009.
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 correcting item 12b his DD Form 214 to show "2009 09 15."
___________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) AR20090018574
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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