BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000186
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 separation date from active Reserve status.
2. The applicant states he initially signed an 8-year enlistment contract on 31 January 2000 that expired on 30 January 2008. He states he received a bill from the Defense Finance and Accounting Service (DFAS) indicating he had a debt for Servicemembers' Group Life Insurance (SGLI) premiums that accrued from February to September 2008. Additionally, he states DFAS advised his elected representative that his military pay account indicated he was discharged on 14 September 2008 and that he had the option of applying to this Board to have his discharge date corrected.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 May 2004.
CONSIDERATION OF EVIDENCE:
1. His military records show he enlisted in the U.S. Army Reserve (USAR) on
31 January 2000. He completed initial entry training and was awarded the military occupational specialty of preventive medicine specialist. The highest rank/grade he attained was sergeant/E-5.
2. His records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) for the rating period 1 July 2007 through 30 January 2008 in which his senior rater indicated the applicant had separated from the USAR and was unable to sign the NCOER.
3. Headquarters, 335th Signal Command (Theater) Orders 08-227-00012, dated 14 August 2008, show he was discharged from the USAR effective
14 September 2008. Additional instructions on these orders stated the applicant was held beyond his normal discharge date through no fault of the applicant.
4. An Army Reserve Personnel Center (ARPC) Form 249-E (Chronological Statement of Retirement Points) generated from iPERMS shows he did not perform any duty beyond 31 January 2008. A review of his retirement points detail in the Integrated Web Services (IWS) - Total Army Personnel Database Reserve (TAPDB-R) system shows he last performed duty on 22 January 2008. The IWS TAPDB-R also shows his expiration term of service (ETS) date as
30 January 2008.
5. He provided a DFAS letter addressed to his elected representative, dated 13 October 2010, which indicated he had a debt to DFAS in the amount of $264.50 plus interest, penalties, and administrative fees totaling $66.73. The letter indicated the debt was for uncollected SGLI premiums from February to September 2008.
DISCUSSION AND CONCLUSIONS:
1. The IWS TAPDB-R shows he last performed duty on 22 January 2008 and that his ETS was 30 January 2008.
2. A DA Form 2166-8 for the rating period ending 30 January 2008 shows he was not available to sign his NCOER because he was already separated from the USAR.
3. Orders 08-227-00012 show he was discharged effective 14 September 2008 and that he was held beyond his normal discharge date through no fault of his own. As such, absent evidence to the contrary, it is reasonable to presume the discharge order should have discharged him with an effective date of 30 January 2008 which appears to be the last date he should have been in an active Reserve status.
4. SGLI premiums may continue when a Soldier is in an active status even when the Soldier is not performing duty to prevent a lapse in coverage for the period of absence. However, it appears the applicant should have been discharged from an active status effective 30 January 2008 and was not aware he was being charged for this coverage. As such, in the interest of equity his discharge order should be amended to show his effective date of discharge as 30 January 2008.
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 amending Headquarters, 335th Signal Command (Theater) Orders
08-227-00012, dated 14 August 2008, to show his effective date of discharge was 30 January 2008.
2. Furthermore, DFAS should conduct a review based on the above correction, refund the applicant all money due to him as a result of the above correction.
_______ _ 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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