IN THE CASE OF:	  

		BOARD DATE:  1 March 2012

		DOCKET NUMBER:  AR20110017726 


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) to show his correct separation date.

2.  The applicant states his DD Form 214 shows he was separated on
12 January 2005; however, orders show he was discharged on 13 January 2006.

3.  The applicant provides a copy of his DD Form 214 in question, physical disability separation memorandum, and discharge orders in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant had prior honorable active duty enlisted service in the Regular Army from 8 August 1978 through 2 May 1983.

3.  The applicant enlisted in the Army National Guard (ARNG) of the United States and Georgia Army National Guard (GAARNG) on 16 September 1984.  He was:

* awarded military occupational specialty 88M (Motor Transport Operator)
* promoted to the rank/grade of staff sergeant (SSG)/E-6 on 15 September 1992

4.  A memorandum issued by the Military Division, State of Georgia, Atlanta, GA, dated 15 December 1999, notified the applicant of his eligibility for retired pay at age 60.

5.  A DA Form 4187 (Personnel Action), dated 30 January 2003, shows that pursuant to Title 10, U.S. Code (10 USC), section 12302, the applicant was involuntarily extended and ordered to active duty as a member of his unit in support of Mobilization Alert Order Number 002-18, Change 1 "Operation Noble Eagle/ Enduring Freedom" for partial mobilization.

6.  Orders 005-546, issued by the State of Georgia, Military Division, Office of the Adjutant General, Atlanta, dated 5 January 2004, amended Orders 029-540, issued by the same headquarters, dated 29 January 2003, to change the applicant's period of active duty as follows:

* as reads "30 January 2003 - 29 January 2004"
* amended to read "30 January 2003 - 28 January 2005"

7.  The applicant's DD Form 214 shows he entered active duty on 30 January 2003, he was honorably released from active duty (REFRAD) on 12 January 2005, and he transferred to the 1177th Transportation Company (GAARNG), La Grange, GA.  He completed 1 year, 11 months, and 13 days of net active service this period; 5 years and 23 days of total prior active service; and 19 years,
4 months, and 29 days of total prior inactive service.  It also shows in:

	a.  item 12b (Separation Date This Period) the entry "2005  01  12";

	b.  item 18 (Remarks) the entry:

* Ordered to active duty in support of Operation Noble Eagle/Enduring Freedom in accordance with 10 USC 12302A

* Block 25 (Separation Authority):  Orders Number 029-540, 20030129, amended by Orders Number 005-546, 20040105

	c.  Item 21 (Signature of Member Being Separated) the applicant placed his signature on the document.

8.  Orders 067-037, issued by The Adjutant General, State of Georgia, Ellenwood, GA, dated 8 March 2006, honorably discharged the applicant from the ARNG effective 13 January 2006.  He was authorized a disability rating of
20 percent (%) and disability severance pay in grade E-6 based on 10 years and
8 months service.

9.  In support of his application, the applicant provides the following documents:

	a.  U.S. Army Physical Disability Agency (USAPDA), Washington, DC, memorandum, dated 16 December 2005, that forwarded the applicant's discharge orders to the Office of The Adjutant General, GAARNG.

	b.  Orders D351-01, issued by the USAPDA, Washington, DC, dated 
16 December 2005, that discharged the applicant from the ARNG and U.S. Army Reserve effective 13 January 2006.  The orders authorized the applicant a disability rating of 20% and disability severance pay in grade E-6 based on
10 years and 8 months service.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

	b.  Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for completing item 12b states to enter the Soldier's transition date.


DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was ordered to active duty on 30 January 2003 for a period 1 year and that his period of active duty was extended for 1 year.

2.  The applicant's DD Form 214 shows he entered active duty on 30 January 2003, he was honorably REFRAD on 12 January 2005, and he transferred to his GAARNG unit.

3.  There is no evidence of record that shows the applicant was retained on active duty beyond 12 January 2005.  In addition, the applicant acknowledged with his signature that he was being REFRAD on 12 January 2005.

4.  Orders D351-01 discharged the applicant from the ARNG effective
13 January 2006.  However, this order has no bearing on his period of active service for which he was issued the DD Form 214 ending 12 January 2005.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20110017726



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ABCMR Record of Proceedings (cont)                                         AR20110017726



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