IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110011339
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 items 12a (Date Entered AD [Active Duty] This Period) and 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 June 2010 be corrected.
2. The applicant states:
* His DD Form 214 shows the incorrect number of active duty days for 2010 which has caused an overpayment of Department of Veterans Affairs (VA) benefits
* The VA Form 21-8951 (VA Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances) shows the correct number of his active duty days (86)
* He entered active duty on 8 April 2010 and was released from active duty on 17 June 2010
3. The applicant provides:
* VA Form 21-8951
* Documentation from the VA
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army and inactive service in the U.S. Army Reserve, he enlisted in the Army National Guard in 2005. His records contain DD Forms 214 for the following periods of active duty service:
* 29 January 2007 to 28 September 2008
* 29 September 2008 to 2 October 2009
* 3 October 2009 to 28 January 2010
2. Active duty orders, dated 6 April 2010, show he was ordered to active duty under the provision of Section 12301(H), Title 10 U.S. Code for 179 days to participate in the Reserve Component Warriors in Transition Medical Retention Processing Program for completion of medical care and treatment. His report date was 23 March 2010 and the end date was 17 September 2010. However, these orders were amended on 1 June 2010 to show the period of active duty was 87 days and the end date was 17 June 2010.
3. His DD Form 214 for the period ending 17 June 2010 shows:
* He was ordered to active duty on 3 October 2009 in item 12a
* He was released from active duty on 17 June 2010 in item 12b (Separation Date this Period)
* He completed 8 months and 15 days in item 12c
4. He provided a VA Form 21-8951 which shows Defense Manpower Data Center records indicate he received training pay for 86 days in 2010.
5. The Defense Finance and Accounting Service (DFAS) confirmed the applicant served on active duty from 8 April 2010 through 17 June 2010 (total of 2 months and 10 days).
DISCUSSION AND CONCLUSIONS:
1. He contends he served on active duty from 8 April 2010 to 17 June 2010 for 86 days.
2. His DD Form 214 for the period ending 17 June 2010 shows he entered active duty on 3 October 2009, he was released from active duty on 17 June 2010, and he completed 8 months and 15 days. However, it appears items 12a and 12c are incorrect since his records show he received a DD Form 214 for the period
3 October 2009 through 28 January 2010.
3. The DFAS information which confirms he served on active duty from 8 April 2010 to 17 June 2010 (total of 2 months and 10 days) is accepted as sufficient evidence with which to correct items 12a and 12c of his DD Form 214 for the period ending 17 June 2010.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 12a of his DD Form 214 for the period ending
17 June 2010 and replacing it with the entry "2010 04 08;" and
b. deleting the entry in item 12c of this DD Form 214 and replacing it with the entry "0000 02 10."
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 12c to show he completed 86 days of active duty.
_______ _ _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) AR20110011339
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ABCMR Record of Proceedings (cont) AR20110011339
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