BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120006661
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, in effect, that his 20 December 2011 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in block 12b (Separation Date this Period) that he was separated on 20 January 2012 and in block 12c (Net Active Service this Period) that he served 2 years,
6 months, and 22 days.
2. The applicant states, in effect, that he was placed on the Temporary Disability Retired List (TDRL) on 20 January 2012 and served 2 years, 6 months, and 22 days of active service this period; however, his DD Form 214 reflects that he was placed on the TDRL on 20 December 2011 and served 2 years, 5 months, and 22 days of active service this period.
3. The applicant provides his DD Form 214 and orders placing him on the TDRL.
CONSIDERATION OF EVIDENCE:
1. The applicant served 3 years, 7 months, and 7 days of active service in the Regular Army before entering the United States Military Academy (USMA) at West Point, New York, as a cadet on 29 June 2009.
2. On 21 December 2011, orders 355-1 published by the USMA released the applicant from active duty and transferred him to the TDRL effective
20 December 2011 with a 50 percent disability rating.
3. The applicant was issued a DD Form 214 showing in block 12b that he was separated on 20 December 2011 and he had served 2 years, 5 months, and
22 days of net active service this period.
4. On 11 January 2012, orders 11-16 published by the USMA amended orders 355-1 to show the applicant was placed on the TDRL effective 20 January 2012. He had served 2 years, 6 months, and 22 days of active service this period for a total of 6 years, 1 month, and 29 days.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to have merit.
2. The applicants orders placing him on the TDRL were subsequently amended to show that he was placed on the TDRL effective 20 January 2012 instead of 20 December 2011. He had served 2 years, 6 months, and 22 days of net active service this period instead of 2 years, 5 months, and 22 days.
3. Accordingly, his DD Form 214 should be corrected to reflect the change to the effective date (block 12b) and net active service this period (block 12c).
BOARD VOTE:
___x_____ ___x_____ __x__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 20 December 2011 DD Form 214 as follows:
* Deleting the entry "2011 12 20" from block 12b
* Adding the entry "2012 01 20" to block 12b
* Deleting the entry "0002 05 22" from block 12c
* Adding the entry "0002 06 22" to block 12c
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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.
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