IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130014289
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 his net active service be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 December 2011.
2. The applicant states his net service should reflect the continuous honorable active service shown in item 18 (Remarks) of his DD Form 214. He also highlighted Item 12i (Effective Date of Pay Grade) on his DD Form 214.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. He previously completed 2 years, 3 months, and 13 days of service in the New Jersey Army National Guard. A DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows that on 2 December 2010, he enlisted in the Regular Army.
2. On 8 August 2011, he accepted nonjudicial punishment (NJP) for failure to repair and breaking restriction. His NJP included reduction to private/pay grade E-1.
3. Installation Management Command, Headquarters, U.S. Army Garrison, Fort Carson, Fort Carson, CO Orders 339-0046, dated 5 December 2011, show his date of discharge as 12 December 2011.
4. On 12 December 2011, he was discharged by reason of misconduct, serious offense. His DD Form 214 provides the following information:
* Item 4a (Grade, Rate or Rank) - "PV1"
* Item 4b (Pay Grade) - "E01"
* Item 12a (Date Entered AD (active duty) This Period) - 2010 12 02
(2 December 2010)
* Item 12b (Separation Date This Period) - 2011 12 12 (12 December 2011)
* item 12c (Net Active Service This Period) - 0000 00 11 (0 years, 0 months, and 11 days)
* item 12i (Effective Date of Pay Grade) - 2011 08 08 (8 August 2011)
* Item 18 - contains the entry "CONTINUOUS HONORABLE ACTIVE SERVICE: 20101202 - 20110815 (15 August 2011)"
* item 24 (Character of Service) - "UNDER HONORABLE CONDITIONS (GENERAL)"
5. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.
a. Paragraph 2-4h(12) states the beginning date of the continuous period of active duty for which the DD Form 214 is being issued is to be entered in item 12a of the DD Form 214 and the date of separation is to be entered in item 12b. The net service for the period shown is computed by subtracting item 12a from
item 12b and then deducting any lost time and non-creditable service after the Soldier's expiration of term of service.
b. Enter in item 12i the effective date of promotion to the current pay grade, taken from the most recent promotion order (or reduction instrument).
c. Paragraph 2-4h(18) provides entries for Item 18 of the DD Form 214. Subparagraph (c) states for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment).
6. Department of Defense Financial Management Regulation (DODFMR) 7000.14-R, Volume 7A, Chapter 1, paragraph 010104 states that when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month. When subtracting the beginning day of service from the ending date of service 1 day is added to account for the inclusive date.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 4 confirms the date, 2 December 2010, in item 12a of his
DD Form 214 is correct. His separation orders confirm the date, 12 December 2011, in item 12b of his DD Form is correct. Therefore:
a. His net service during the period is computed by subtracting the date in item 12a from the date in item 12b as follows:
2011 12 12 (Date of separation)
- 2010 12 02 (Date entered AD)
0001 00 10
+ _______ _1 (Inclusive Date)
0001 00 11 (Net active service)
b. The entry in item 12c of his DD Form 214 should be corrected to show "0001 00 11" (1 year and 11 days).
2. The applicant was reduced to private/pay grade E-1 on 8 August 2011 as a result of NJP. Therefore, the date in item 12i is correct.
3. The entry in item 18 concerning continuous active service is used for Soldiers who have previously reenlisted without being issued a DD Form 214. Because this was not the case in the applicant's separation it is not known how the dates shown were determined.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12c of his DD Form 214 with a separation date of 12 December 2011 to read "0001 00 11."
2. The Board further determined that the evidence presented was 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 his effective date of pay grade.
_______ _ 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) AR20130014289
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ABCMR Record of Proceedings (cont) AR20130014289
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