IN THE CASE OF:	  

		BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110022261 


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 item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated on 24 October 2011 vice 21 September 2011. 

2.  The applicant states the Supply Sergeant was delayed in getting the paperwork completed for outprocessing.  A memorandum was issued by his brigade commander authorizing his extension beyond the separation date for the purpose of outprocessing.

3.  The applicant provides an extension memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 May 2006 and he held military occupational specialty 13B (Cannon Crewmember).  He was ultimately assigned to the 1st Battalion, 41st Field Artillery Regiment, 1st Brigade Combat Team, Fort Stewart, GA. 

2.  On 16 August 2011, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with paragraph     14-12c of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), by reason of misconduct - commission of a serious offense.  He recommended a general discharge.

3.  On 18 August 2011, the applicant acknowledged receipt of the commander's intent to separate him.  He subsequently consulted with legal counsel and he was advised of his rights.

4.  Subsequent to the applicant's acknowledgement and consult with counsel, his immediate commander initiated separation action against him on 22 August 2011 in accordance with chapter 14 of AR 635-200, for misconduct - commission of a serious offense.  

5.  On 8 September 2011, the separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct - commission of a serious offense and directed his service be characterized as under honorable conditions.  

6.  On 14 September 2011, Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, published Orders 257-0019 ordering the applicant reassigned to the U.S. Army Transition Center for the purpose of outprocessing with a reporting date of 21 September 2011.

7.  He was discharged on 21 September 2011.  The DD Form 214 he was issued confirms he was discharged under the provisions of paragraph 14-12c of Army Regulation 635-200 by reason of misconduct - commission of a serious offense with a general discharge.  This form also shows in:

* Item 12a (Date Entered Active Duty This Period) - "2006  05  24"
* Item 12b - "2011  09  21"
* Item 12c (Net Active Service This Period) - "0005  03  28"

8.  The applicant provides a memorandum, dated 21 October 2011 and signed by the brigade commander, 1st Heavy Brigade Combat, Team, 3rd Infantry Division, that essentially states he (the brigade commander):

* authorized an extension of the applicant's contract from 22 September to 24 October in order to complete the clearing process
* the applicant was in the final process of being separated from the military under chapter 14 and required this extension
* the applicant was unable to clear the CIF (Central Issue Facility) prior to his separation date because of missing equipment
* the applicant was notified that recoupment action had been initiated for the missing equipment
* since the applicant's pay had stopped due to the separation date, he (the brigade commander) directed reinstatement of the pay for the duration of the extension
9.  Army Regulation 635-5 states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged under the provisions of chapter 14 of Army Regulation 635-200 with a separation date of 21 September 2011.  It appears he was not completely cleared for separation on that date.  It also appears the installation transition center was unaware of the delay in outprocessing.  Accordingly, he was discharged on 21 September 2011.

2.  Subsequent to his discharge, his brigade commander authorized an extension from 21 September 2011 through 24 October 2011 with entitlement to full pay and allowances.  However, it appears that the transition center continued to remain unaware of these developments.  

3.  As such, the applicant should be entitled to correction of his DD Form 214 to show his discharge date as 24 October 2011 with entitlement to back pay and allowances for the period 21 September 2011 through 24 October 2011. 

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:

* amending Orders 257-0019, issued by Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, on 14 September 2011 to show the date of discharge as 24 October 2011
* deleting from item 12b of his DD Form 214 the entry "2011  09  21" and adding the entry "2011  10  24"
* deleting from item 12c of his DD Form 214 the entry "0005  03  28" and adding the entry "0005  05  02"
* paying him retroactive pay and allowances from 22 September 2011 through 24 October 2011 as a result of this 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.



ABCMR Record of Proceedings (cont)                                         AR20110022261





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ABCMR Record of Proceedings (cont)                                         AR20110022261



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