IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120001601
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 block 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states:
* block 12b shows 20110902
* his separation date was 20110912
3. The applicant provides:
* DD Form 214 (with DD Form 214C Continuation Sheet)
* Orders A-09-026656, U.S. Army Human Resources Command, St. Louis, MO, dated 29 September 2010
* Orders A-09-026656A01, U.S. Army Human Resources Command, Fort Knox, KY, dated 14 July 2011
CONSIDERATION OF EVIDENCE:
1. The applicant is a U.S. Army Reserve (USAR) Lieutenant Colonel, Judge Advocate.
2. Orders A-09-026656 brought the applicant on active duty on 20 November 2010 for 365 days, with duty in Kandahar, Afghanistan. Based on his orders, he was scheduled to be released from active duty (REFRAD) on 19 November 2011.
3. Orders A-09-026656A01 amended the applicant's tour length from 365 days to 297 days, with a REFRAD date of 12 September 2011.
4. The applicant's DD Form 214 shows, in block 12a, he entered on active duty on 20 November 2010. It shows in block 12b he was REFRAD on 2 September 2011. It shows in block 12c (Net Active Service this Period) that he completed 9 months and 13 days of service. It also shows the DD Form 214 was created on 15 July 2011 based on electronic signature dates in blocks 21a (Member Signature) and 21b (Official Authorized to Sign).
5. The applicant's mobilization data contained on his Interactive Personnel Electronic Records Management System (iPERMS) file in the Integrated Web Services (IWS) database shows:
* Mobilization Station Report Date 2010/11/20
* Number of Mobilization Days 297
* Campaign End Date 2011/09/12
6. Army Regulation 635-5 (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 establishes standardized policy for preparing and distributing the DD Form 214. It provides:
a. Block 12 (Record of Service) use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.
b. Block 12a enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
c. Block 12b this is the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request was carefully considered and determined to have merit.
2. Orders show he entered on active duty on 20 November 2010 served 297 days, and was REFRAD on 12 September 2011.
3. The applicant's DD Form 214 was created on 15 July 2011, some 2 months before his actual REFRAD. As such, it appears an incorrect date of 2011/09/02 was used in block 12b. His IWS mobilization data shows he was REFRAD on 2011/09/12. This date comports with his amended mobilization orders.
4. The applicant's DD Form 214 should be corrected as requested. Additionally, Block 12c requires correction to reflect the additional active service.
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:
* changing block 12b of his DD Form 214 from 2011/09/02 to 2011/09/12
* changing block 12c from 9 months and 13 days to 9 months and 23 days
_______ _ _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) AR20120001601
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ABCMR Record of Proceedings (cont) AR20120001601
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