IN THE CASE OF:  	  

		BOARD DATE:  28 October 2014	  

		DOCKET NUMBER:  AR20140003795 


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 the date he was released from active duty as 12 July 2011 vice 17 January 2011. 

2.  The applicant states his unit forgot to stop payment and start leave.  As soon as he found out what was going on, he contacted the unit and they issued a new set of orders. 

3.  The applicant provides his DD Form 214 and Orders D-07-111264 discharging him from the U.S. Army Reserve (USAR). 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having had prior enlisted service, the applicant enlisted in the USAR for a period of 6 years on 18 March 2003.  He held military occupational specialty 12B (Combat Engineer).

3.  On 3 August 2007, he executed a 1-year extension in the USAR.

4.  He was ordered to active duty on 10 September 2007.  His orders to active duty are not available for review with this case.  However, his records indicate Orders Number R-08-786284, issued by the U.S. Army Human Resources Command (HRC), on 20 August 2007, ordered him to active duty in an Active Guard Reserve (AGR) status for a period of 3 years, reporting on 10 September 2007 and terminating on 17 October 2010. 

5.  He was assigned to the Noncommissioned Officer Academy, Fort McCoy, WI. However, in or around December 2008, he was reassigned to the 432nd Civil Affairs Battalion, 308th Civil Affairs Brigade, a subordinate unit of the U.S. Army Civil Affairs and Psychological Operations Command. 

6.  On 6 January 2010, he executed a 7-month extension in the USAR. 

7.  On 8 September 2010, he submitted a DA Form 4187 (Personnel Action) requesting reenlistment in the USAR and continuation in the AGR program for an additional 6 years.  His chain of command recommended approval. 

8.  On 16 September 2010, he executed a 6-year reenlistment in the USAR and on 17 September 2010, HRC published Orders R-09-088446 releasing him from active duty and discharging him for the purpose of reenlistment and subsequent order to active duty in the AGR program for 6 years, effective 18 October 2010. 

9.  On 4 October 2010, by email, the Command Judge Advocate, 353rd Civil Affairs Command, Fort Wardswoth, NY, instructed the applicant's chain of command to revoke the reenlistment order in accordance with Army Regulation 135-18 (The AGR Program), Table 2-5 (i.e., Table 2-6) (Non-waivable disqualification for subsequent duty in the AGR program).  The Command Judge Advocate indicated the unit was advised to counsel the applicant, extend his enlistment by 3 months to give him time to outprocess and request a waiver through the Chief, Army Reserve if he desired. 

10.  Also on 4 October 2010, HRC published two sets of orders: 



	a.  Orders R-09-088446R, revoking Orders R-09-088446, issued by HRC on 17 September 2010, releasing him from active duty and discharging him for the purpose of reenlistment and subsequent order to active duty in the AGR program for 6 years, effective 18 October 2010.

	b.  Orders R-08-786284A02, amending Orders Number R-08-786284 (the orders that ordered him to active duty, reporting on 10 September 2007 for a period of 3 years with a release date of 17 October 2010) to show a period of active duty of 3 years and 3 months, ending on 17 January 2011.

11.  On 17 June 2011, HRC published Orders D-06-190070 ordering his discharge from the USAR AGR program, effective 17 January 2011.  

12.  On 23 June 2011, HRC published two sets of orders: 

	a. Orders D-06-190070R, revoking the Orders D-06-190070, issued by HRC on 17 June 2011. 

	b.  Orders C-06-190569 ordering his release from active duty and assignment to the USAR Control Group (Reinforcement), effective 17 January 2011. 

13.  He was honorably released from active duty on 17 January 2011 and he was transferred to the USAR Control Group (Reinforcement).  He completed 3 years, 4 months, and 8 days of active service.  His DD Form 214 shows in:

* Item 12a (Date Entered Active Duty This Period) - 2007-09-10
* Item 12b (Separation date This Period) - 2011-01-17
* Item 12c (Net Active Service This Period) - 0003-04-08

14.  He provides Orders D-07-111264, issued by HRC on 12 July 2011 honorably discharging him from the USAR effective 12 July 2011.  

15.  Following his release from active duty on 11 January 2011 and discharge from the USAR on 12 July 2011, he enlisted in the North Dakota Army National Guard (NDARNG) on 20 September 2011.  He followed that with a 1-year extension on 1 August 2012 and another 1-year extension on 15 September 2012.

16.  He entered active duty on 9 May 2013 in support of Operation Noble Eagle and he was honorably released from active duty on 9 June 2014.  


17.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

* Item 12a shows the date of entry on active duty
* Item 12b shows the separation date 
* Item 12c shows the net active service between 12a and 12b, less lost time

18.  Army Regulation 635-5 states 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.  Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant, a USAR Soldier, entered active duty on 10 September 2007 and he was honorably released from active duty on 17 January 2011.  He completed 3 years, 4 months, and 8 days of active service. His discharge from the USAR on 12 July 2011 has no bearing on his previous release from active duty.  

2.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  His service between the date of release from active duty (17 January 2011) to the date of discharge from the USAR (12 July 2011) was inactive service; it was not active service.  In view of the foregoing evidence, he is not entitled to the requested relief. 

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)                                         AR20140003795



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ABCMR Record of Proceedings (cont)                                         AR20140003795



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