IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110005947
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 DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 September 2010, to show he was released from active duty on 24 October 2010.
2. The applicant states:
* he had orders for the period 1 February through 30 September 2010
* he then received orders for 1 October through 24 October 2010
* since there was no break in service, his DD Form 214 should show the additional 24 days, which would be 24 October 2010 instead of 30 September 2010
* it seems that a DD Form 215 (Correction to DD Form 214), should be issued to show the correction
3. The applicant provides:
* DD Form 214, dated 30 September 2010
* DD Form 214, dated 9 August 2007
* DD Form 214, dated 29 September 1997
* DD Form 215, dated 24 September 1998
* Department of the Army (DA), 81st Regional Support Command (RSC) Orders Number 001876, dated 30 September 2010
* DA 81st RSC Orders Number 002410, dated 1 October 2010
* DA 81st RSC Orders Number 009293, dated 26 October 2010
* DA 81st RSC Orders Number 013319, dated 5 November 2010
CONSIDERATION OF EVIDENCE:
1. With prior service in the U.S. Air Force Reserve, the applicant accepted an appointment as a U.S. Army Reserve Judge Advocate General (JAG), on 7 July 2003, in the rank of captain (O-3).
2. The applicant's record does not contain the orders that placed him on active duty. However, the available records show he entered an active duty status on 1 February 2010.
3. His record does not contain the orders releasing him from active duty (REFRAD). However, the DD Form 214 he received shows he was REFRAD on 30 September 2010 upon completion of his required active service. He had completed 8 months of net active service this period.
4. On 30 September 2010, DA 81st RSC Orders Number 001876 were published ordering the applicant to annual training for 29 days, effective 1 October 2010.
5. On 1 October 2010, DA 81st RCS Orders Number 002410 were published amending orders number 001876 to show he was ordered to annual training for 24 days instead of 29 days, effective 1 October 2010, and amending the accounting classification Fiscal Year 2011 in its entirety.
6. DA 81st RSC Orders Number 009293 were published on 26 October 2010, amending orders 001876 to show that meals were not available from 1 October through 3 October 2010.
7. On 5 November 2010, DA 81st RSC Orders Number 013319 were published amending orders 001876 to read "1 3 OCT DUTY AT FT DEVENS INSIDE COMMUTING DISTANCE" and "4 24 OCT DUTY AT FT DIX OUTSIDE COMMUTING DISTANCE."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states a DD Form 214 will be prepared for each Reserve Component Soldier completing 90 days or more of continuous active duty for training.
9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting documents have been considered.
2. The orders releasing the applicant from active duty on 30 September 2010 are not contained in his record. There are no orders contained in his record showing that his 8-month period of active duty service was extended. There no orders in his record amending the order that placed him on active duty which would have resulted in the extension of his active duty service.
3. The DD Form 214 he received shows he was REFRAD upon completion of his required active service on 30 September 2010. Orders were published on 30 September 2010, ordering him to annual training for 24 days, effective 1 October 2010. It is reasonable to presume he had a break in service and was not authorized a DD Form 214 for his period of service from 1 October through 24 October 2010 because he had not completed 90 days or more of continuing active service.
4. When calculating his service, he should be credited with his active service from 1 October through 24 October 2010. However, this service should not be shown on his DD Form 214, dated 30 September 2010.
5. In view of the foregoing, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20110005947
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ABCMR Record of Proceedings (cont) AR20110005947
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