IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120019479 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was released from active duty (REFRAD) on 24 September 2012.

2.  The applicant states she was not permitted to clear her unit until her property hand receipts were signed by her replacement.  She contends that her unit had informed her in writing that a request to extend her tour was being initiated for a 45-day period.  Also, the applicant contends that she was undergoing medical treatment for an emergent problem with serious medical consequences.

3.  The applicant provides copies of:

* DD Form 214
* Orders A-07-115869, U.S. Army Human Resources Command (HRC), dated 21 July 2011
* Orders A-07-115869A01, HRC, dated 9 October 2011
* Medical Report, Upper Chesapeake Medical Center, dated 17 June 2012
* Memorandum for Record, U.S. Army 20th Support Command,             dated 21 June 2012
* Memorandum for Record, U.S. Army 20th Support Command,             dated 29 June 2012
* Email communications concerning the applicant's property hand receipts, dated between 15 June and 25 July 2012
* DA Form 137-1 (Unit Clearance Record), dated 1 August 2012
* Medical Clearance checklist, dated 5 September 2012
* Post Deployment Health Assessment Survey, dated 5 September 2012
* Letter from Inspector General (IG), HRC, dated 7 September 2012
* Letter from IG, 3rd Medical Command, dated 12 September 2012
* Orders 268-0002, Aberdeen Proving Ground, Maryland,                      dated 24 September 2012
* Finance Mobilization/Demobilization Documentation Requirements Checklist, dated 1 October 2012

CONSIDERATION OF EVIDENCE:

1.  At the time of her application, the applicant was serving in the rank of lieutenant colonel, pay grade O-5, in a troop program unit, U.S. Army Reserve.

2.  Orders A-07-115869, HRC, dated 21 July 2011, ordered the applicant to active duty to provide contingency operational support for Operation Enduring Freedom.  Her report date was 1 August 2011 to Aberdeen Proving Ground, Maryland.  Her period of active duty was for 314 days, including accumulated leave, with an ending date of 9 June 2012.

3.  In an email dated 27 June 2012, the applicant was advised by her replacement that she would probably be extended for 45 days to resolve hand receipt discrepancies or to complete a report of survey.

4.  On 23 July 2012, the property book officer stated in an email that the applicant's hand receipt had been updated and was "good to go."

5.  A DA Form 137-1, dated 1 August 2012, indicates that the applicant had cleared property accountability and pay items.  The form was verified by the battalion personnel officer/unit commander on 1 August 2012.

6.  In a letter dated 7 September 2012, the IG, HRC, informed the applicant that her inquiry regarding an amendment to her mobilization orders had revealed her unit did not request an extension of her mobilization orders, nor did her unit send her to the transition center to ensure she would meet her REFRAD date.  The evidence she had provided showed the applicant was ordered to stay beyond her REFRAD date in order to complete inventories of equipment and that an extension would be requested.  The applicant's unit was required to request an extension prior to her REFRAD date.  Because the unit failed to make such a request, HRC could not extend her orders.  The applicant's orders were self-terminating without an amendment to extend them.  HRC had exhausted every course of action and recommended that she submit an appeal to the Army Board for Correction of Military Records (ABCMR).

7.  In a letter dated 12 September 2012, the IG, 3rd Medical Command, advised the applicant that a thorough inquiry into her concerns regarding the status of her mobilization extension and incapacitation pay (INCAP), if such extension was not approved, had been conducted.  Because HRC had determined they could not process an extension of her mobilization order, the best course of action to assist with getting her DD Form 214 and initiating INCAP was to refer the case to the Regional Support Command (RSC).  Accordingly, the case was referred to the IG, 99th RSC, located at Fort Dix, New Jersey.

8.  Orders 268-0002, Aberdeen Proving Ground, Maryland, dated 24 September 2012, released the applicant from active duty with an effective date of 9 June 2012.

9.  The applicant's DD Form 214 indicates that it was processed and signed on 24 September 2012.  It shows in Item 12 (Record of Service):

* Date Entered Active Duty This Period: 1 August 2011
* Separation Date this Period:                 9 June 2012
* Net Active Service this Period:              0 years; 10 months; and 9 days

10.  It also shows in Item 18 (Remarks), in part, “Continuous Honorable Active Service: 20110801-20120609.”

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that 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.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show she was REFRAD on 24 September 2012 because she was retained on active duty until her property hand receipts were signed by her replacement.

2.  The available evidence clearly shows that the applicant was not released from active duty until 24 September 2012, even though her DD Form 214 shows a date of 9 June 2012.

3.  The failure of the applicant's unit to request in a timely manner an extension of her mobilization orders resulted in her being unjustly denied certain entitlements.  Therefore, it would be appropriate to amend her mobilization orders to show her period of active duty as ending on 24 September 2012.

4.  Furthermore, the applicant's DD Form 214 should be corrected to show in Item 12 that she was separated from active duty on 24 September 2012 and had completed 1 year, 1 month, and 24 days of net active service during this period.

5.  The applicant's military pay records should be audited and any monies due as a result of this correction be paid to her.

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:

	a.  amending Orders A-07-115869, U.S. Army Human Resources Command, dated 21 July 2011, to show her period of active duty as ending on 24 September 2012;

	b.  correcting Item 12 of her DD Form 214 to show:

* Separation Date This Period:  2012 - 09 - 24
* Net Active Service this Period:  1 Year - 1 Month - 24 days; and

	c.  correcting Item 18 to show: 

* Continous Honorable Active Service: 20110801-20120924 (in lieu of through 20120609)

   
   
   
   d.  Paying her any monies due 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)                                         AR20120019479





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ABCMR Record of Proceedings (cont)                                         AR20120019479



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