BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130019690
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 her separation date as 19 October 2013.
2. The applicant states the order changing her retirement date was issued after her DD Form 214 was created.
3. The applicant provides:
* DD Form 214
* Orders 254-0322
* Orders 078-0322
* Orders 183-0312
* Orders 199-0343
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 February 2005.
2. The applicant provides and her records contain:
a. Orders 183-0312, issued by Headquarters, Joint Readiness Training Center and Fort Polk, dated 2 July 2013, which shows she was to be retired for permanent physical disability with an effective date of retirement of 9 September 2013.
b. DD Form 214 completed by the applicant and an authorized official on 18 July 2013. The document was presumably issued to her at the time of her separation which shows she was honorably retired due to permanent disability.
(1) Item 12a (Date Entered Active Duty This Period) contains the entry "2005 02 01."
(2) Item 12b (Separation Date This Period) contains the entry "2013 09 09."
(3) Item 12c (Net Active Service This Period) contains the entry "0008 07 09" which indicates she completed 8 years, 7 months, and 9 days of active service.
(4) Item 18 (Remarks) contains the entry "CONTINUOUS ACTIVE HONORABLE SERVICE: 20050201 20130909."
c. Orders 254-0322, issued by Headquarters, Joint Readiness Training Center and Fort Polk, dated 11 September 2013, which show she was to be retired for permanent physical disability with an effective date of retirement of 19 October 2013. The orders effectively add a period of 1 month and 11 days to her previous separation date.
3. The applicant's record contains a note from the Chief, Separations Room, Fort Drum, NY, in which he requests the applicant be placed back on active duty due to her change in retirement dates. In the message it is noted the applicant's DD Form 214 and a personnel transaction loss to the Army end strength had posted prior to her effective date of retirement due to, in effect, her completing her DD Form 214 prior to her final medical clearance.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The version of the regulation in effect at the time of the applicant's separation indicated item 12b would show the separating Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the government. Item 12c would show the amount of service this period, computed by subtracting item 12a from item 12b. Lost time and non-creditable time after expiration term of service, if any, are deducted. Item 18 is used for Headquarters, Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11 (Primary Specialty), 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), and 14 (Military Education).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to show she was retired for permanent physical disability with an effective date of retirement of 19 October 2013 rather than 9 September 2013 was carefully considered and determined to have merit.
2. It is apparent that errors in the processing of her separation from service resulted in the incorrect entry of "2013 09 09" being placed in item 12b of her DD Form 214. Therefore, she is entitled to correction of her DD Form 214 to show she was actually retired for permanent physical disability with an effective date of retirement of 19 October 2013, which results in an additional period of 1 month and 11 days of service. Based on this correction she is further entitled to correction of item 12c of her DD Form 214 to show net active service of 8 years, 8 months, and 20 days and to correction of item 18 to show her continuous honorable service from 1 February 2005 to 19 October 2013.
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. deleting the current entry in item 12b of her DD Form 214 and replacing it with the entry "2013 09 09";
b. deleting the current entry in item 12c of her DD Form 214 and replacing it with the entry "0008 08 20";
c. deleting the entry "CONTINUOUS HONORABLE ACTIVE SERVICE: 20050201 - 20130909" from item 18 of her DD Form 214 and replacing it with the entry "CONTINUOUS HONORABLE ACTIVE SERVICE: 20050201 - 20131019"; and
d. having the Defense Finance and Accounting Service review the applicant's records based on the above corrections and pay her any pay and/or allowances to which she is entitled.
_______ _ 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) AR20130019690
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ABCMR Record of Proceedings (cont) AR20130019690
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