BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130016315
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged from active duty on 17 January 2013 instead of 18 December 2012.
2. The applicant states he requested to be discharged to attend college which started 30 days prior to my original discharge date of 20130117.
3. The applicant provides:
* DD Form 214 (member copies 1 and 4)
* Northwestern State University letter, dated 25 July 2012
* Verification of enrollment, dated 19 September 2012
* Orders 290-0325, dated 16 October 2012
* Orders 319-0313, dated 14 November 2012
* DA Form 4187 (Personnel Action), dated 20 September 2012 with statement
* DA Form 31 (Request and Authority for Leave)
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Regular Army (RA) on 17 February 2010 for a period of 3 years.
2. His Enlisted Record Brief (ERB), dated 20 August 2012, shows his expiration term of service (ETS) as 16 February 2013.
3. His DD Form 214 shows he was released from active duty (REFRAD) in order to attend civilian school on 18 December 2012. He was REFRAD under the provisions of paragraph 5-16, Army Regulation 635-200 and transferred to a U.S. Army Reserve unit. He completed a total of 2 years, 10 months, and 2 days of creditable active service.
4. He provided:
* military orders releasing him from active duty on 18 December 2012
* a DA Form 4187 requesting an early separation date of 19 December 2012 (60 days prior to his ETS) for the purpose of attending school
* a DA Form 31 showing he was on transitional leave from 1 December 2012 through 18 December 2012
* school documents which show he would begin classes at Northwestern State University beginning on 14 January 2013
5. There are no documents contained in his record or provided by the applicant which show he served on active duty until 17 January 2013.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 and permanent orders show he was released from active duty on 18 December 2012 per his request. There is no evidence in the available record and he has provided no evidence to show he served on active duty beyond 18 December 2012. As such, there is no basis to change the REFRAD date on his DD Form 214.
2. In view of the foregoing, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ____X_ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20130016315
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ABCMR Record of Proceedings (cont) AR20130016315
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