BOARD DATE: 14 October 2014
DOCKET NUMBER: AR20140003397
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, in effect, that item 12b (Separation Date This Period), of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from 15 October 2013 to 29 October 2013 thereby authorizing him basic pay, basic allowance for housing (BAH), and basic allowance for subsistence (BAS) from 16 October to 29 October 2013.
2. He states his original orders had his separation date as 15 October 2013; however, he maintains that he was not released from active duty until 29 October 2013. He did not receive his Noncommissioned Officer Evaluation Report (NCOER), which was required by Fort Hood to be completed prior to clearing, until 25 October 2013. Additionally, he had his DD Form 214 briefing on
29 October 2013, at which time he was released from active duty.
3. He provides:
* DD Form 214
* NCOER
* DA Form 137-2 (Installation Clearance Record)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 18 January 2005. He served two tours in Iraq from 15 September 2005 to 9 September 2006 and
5 February to 16 December 2011. He also served in Afghanistan from 23 June 2008 to 24 June 2009.
2. Headquarters, III Corps and Fort Hood, Orders 276-0101, dated 3 October 2013, show the applicant was reassigned to the transition point on 15 October 2013. His date of discharge from active duty was listed as 15 October 2013 "unless changed or rescinded."
3. There are no orders in his available file that show Orders 276-0101, dated
3 October 2013, were amended or rescinded.
4. His DD Form 214 shows he was honorably discharged from the RA under the provisions of Army Regulation 635-200, chapter 13, unsatisfactory performance. Additionally, it shows in:
* item 12b "2013 10 15"
* item 12c (Net Active Service This Period) "0008 08 28"
* item 21a/b (Member Signature/Date) Signed/"29 October 2013"
5. The applicant provided his NCOER that shows the period covered was from 21 June through 1 November 2013 and he was rated for 4 months. The rating officials' and the applicant's signatures are dated 25 October 2013.
6. A DA Form 137-2 shows he cleared Central Clearance on 28 October 2013.
7. Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant's last date of pay was 15 October 2013, based on his date of discharge.
8. Army Regulation 635-5 (Personnel Separations) at the time established standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to enter in block 12b the Soldier's transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended to make-up for lost time, or retained on active duty for the convenience of the Government.
DISCUSSION AND CONCLUSIONS:
1. Although item 12b of the applicant's DD Form 214 and his separation orders indicate he was discharged on 15 October 2013, his clearance papers and his signature date on his DD Form 214 suggest otherwise.
2. His clearance papers show he was not cleared from the unit until 28 October 2013 and he did not sign his DD Form 214 until 29 October 2013. Therefore, he is entitled to amendment of his separation orders and correction of his DD Form 214 to show he was separated on 29 October 2013. He is also entitled to correction of item 12c to show he served an additional 13 days on active duty which equates to a total of 8 years, 9 months, and 12 days. Additionally, he is entitled to base pay, BAH, and BAS from 16 October to 29 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. amending orders 276-0101, dated 3 October 2013, to show he was reassigned to the transition point and discharged on 29 October 2013;
b. correct item 12b of his DD Form 214 to read 29 October 2013;
c. correct item 12c of his DD Form 214 to show 8 years, 9 months, and
12 days; and
d. paying him base bay, BAH, and BAS as determined by DFAS for the period 16 October to 29 October 2013.
_______ _ 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) AR20140003397
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ABCMR Record of Proceedings (cont) AR20140003397
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