BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120018456
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 expiration of term of service (ETS) for his military service obligation (MSO).
2. The applicant states he was erroneously placed in the U.S. Army Reserve (USAR) Individual Ready Reserve after his period of Regular Army (RA) service and was subsequently assigned to an Army Reserve unit. His original 8-year MSO was completed by his Navy service time. His enlistment in the RA for 3 years incorrectly gave him an additional 8 years of MSO time. He needs to have the record corrected so the Defense Finance and Accounting Service does not recoup his pay for training assemblies he attended in good faith.
3. The applicant states he provides copies of his Navy and Army enlistment contracts; Navy and Army DD Forms 214 (Certificate of Release or Discharge from Active Duty); an email from the U.S. Army Reserve Command (USARC) Office of the Deputy Chief of Staff, G-1; and statements from his current commander and Army Reserve career counselor. However, these documents were not attached to his application.
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service, the applicant enlisted in the RA in pay grade E-4 on 12 April 2006 for a period of 3 years and 12 weeks.
2. He was honorably discharged from active duty on 4 July 2009 for completion of required active service. He was credited with completing 3 years, 2 months, and 23 days of net active service with no lost time.
3. He was issued a DD Form 214 which shows in:
* item 6 (Reserve Obligation Termination Date) "00000000"
* item 9 (Command to Which Transferred) "N/A"
4. Headquarters, USARC, Fort Knox, KY, published the following:
* Orders C-04-105380, dated 11 April 2011, voluntarily releasing him from the USAR Control Group (Reinforcement) and assigning him to a USAR unit effective 4 April 2011
* Orders 13-009-00020, dated 9 January 2013, honorably discharging him from the USAR effective 23 February 2012
5. The U.S. Army Human Resources Command Integrated Web Service Soldier Management System shows his ETS as 16 November 2012.
6. In the processing of this case, an advisory opinion was provided by the Chief, Personnel Management Division, Headquarters, USARC, dated 5 March 2013, which stated:
a. In accordance with Army Regulation 135-178 (Enlisted Administrative Separations), dated 13 March 2007, Rapid Action Revision, dated 13 September 2011, a Soldier is entitled to discharge on the expiration of his or her service obligation and normally will be discharged unless action is taken to retain the Soldier beyond such expiration date.
b. USARC records indicate the applicant, a prior-service Navy Sailor, enlisted in the RA on 12 April 2006 for a period of 3 years and 12 weeks which established his ETS as 4 July 2009. On that date, the applicant should have been discharged; however, he was erroneously reassigned to the USAR Control Group (Reinforcement) and later reassigned to a USAR troop program unit through no fault of his own.
c. The applicant attended battle assemblies from 4 April 2011 through 22 February 2012 which resulted in accrual of pay and allowances. If the discharge orders were processed in accordance with the foregoing regulation, all pay and allowances accrued as a result of his attendance at scheduled battle assemblies would be recouped.
d. In view of the foregoing, the USAR issued discharge orders the day following the last pay event in order to avoid any recoupment. A copy of the discharge orders has been forwarded to the applicant's last known address.
e. The USARC recommended approval of the applicant's request.
7. On 8 March 2013, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His ETS was established as 4 July 2009. Instead of being discharged as shown on his DD Form 214, he was erroneously reassigned to the USAR Control Group (Reinforcement) and later reassigned to a USAR unit. He attended battle assemblies from 4 April 2011 through 22 February 2012 and accrued pay and allowances. On 9 January 2013, the USARC issued orders discharging him from the USAR with an effective date of 23 February 2012.
2. In view of the fact that there is no contract taking him to 23 February 2012, his records should be corrected to show he enlisted in the USAR on 5 July 2009, the day following his discharge from the RA, and served continuously in the USAR until he was discharged on 23 February 2012 with termination of any recoupment of pay and allowances received from 4 April 2011 through 22 February 2012, if applicable.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X______ __X______ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
* showing the applicant enlisted in the USAR on 5 July 2009 and served continuously in the USAR until his discharge on 23 February 2012
* terminating any recoupment for pay and allowances received from 4 April 2011 through 22 February 2012
2. The Board further determined the evidence presented is 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 correction of his ETS date.
__________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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