BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140006504
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 item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, item 12b of his DD Form 214 should be corrected to show 1 August 2009 instead of 31 March 2009 due to a surgery that extended his retirement date.
3. The applicant provides:
* DD Form 214
* transition orders
* amended orders
* retirement orders
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 prior enlisted active service in the Regular Army and service as a commissioned officer in the U.S. Army Reserve and Army National Guard (ARNG), the applicant was ordered to active duty on 6 May 2002 in an Active Guard Reserve (AGR) status.
3. National Guard Bureau (NGB) Orders 171-12, dated 19 June 2008, show he was released from active duty (REFRAD) on 31 March 2009.
4. NGB Orders 83-10, dated 24 March 2009, amended NGB Orders 171-12 by changing his REFRAD date to 19 July 2009.
5. NGB Orders 155-8, dated 4 June 2009, amended NGB Orders 83-10 by changing the applicant's REFRAD date to 31 July 2009. These orders show his rank as chief warrant officer three (CW3) and state his total continuous AGR active Federal service (item 12c of DD Form 214) as of 31 July 2009 is 7 years,
2 months, and 25 days.
6. NGB Orders 195-11, dated 14 July 2009, amended NGB Orders 155-8 by showing his rank was chief warrant officer four (CW4).
7. Maryland Army National Guard Orders 205-188, dated 24 July 2009, show he was honorably discharged in the rank of CW4 from the ARNG on
1 August 2009 and transferred to the Retired Reserve.
8. His DD Form 214 shows in:
* Item 4a (Grade, Rate, or Rank) CW3
* Item 4b (Pay Grade) warrant officer three (W03)
* Item 12b 31 March 2009
* Item 12c (Net Active Service This Period) 6 years, 10 months, and
25 days
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention the separation date shown on his DD Form 214 is incorrect appears to have merit.
2. Item 12b of his DD Form 214 shows he was separated on 31 March 2009. However, NGB orders show he was REFRAD on 31 July 2009 in the rank of CW4 after completing 7 years, 2 months, and 25 days during this period of service. Therefore, the following items of his DD Form 214 should be corrected to show:
* Item 4a CW4
* Item 4b W04
* Item 12b - 31 July 2009
* Item 12c 7 years, 2 months, and 25 days
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:
a. deleting the current entry in item 4a of his DD Form 214 for the period now ending 31 March 2009 and replacing it with the entry "CW4;"
b. deleting the current entry in item 4b for the period now ending 31 March 2009 and replacing it with the entry "W04;"
c. deleting the current entry in item 12b for the period now ending 31 March 2009 and replacing it with the entry "2009 07 31;" and
d. deleting the current entry in item 12c for the period now ending 31 March 2009 and replacing it with the entry "0007 02 25."
2. The Board further determined that the evidence presented is 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 amending item 12b for the period now ending 31 March 2009 to show 1 August 2009.
__________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) AR20140006504
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006504
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090021224
The applicant requests: a. retroactive promotion to chief warrant officer four (CW4) on 6 November 2007; b. amendment of active duty orders for the period 6 November 2007 to 11 March 2008 to recover retroactive pay and allowances; and c. correction of item 12c (Net Active Service This Period), item 12d (Total Prior Active Service), and item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending dated 11 March 2008,...
ARMY | BCMR | CY2009 | 20090016199
IN THE CASE OF: BOARD DATE: 01 April 2010 DOCKET NUMBER: AR20090016199 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his records be corrected to show his retired grade as chief warrant officer four (CW4). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 214 for the period ending 30 April 2009 to show his rank as CW4 in Item 4a, his pay grade as WO4 in Item 4b, and his...
ARMY | BCMR | CY2012 | 20120012844
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 May 2004 to show his rank and pay grade as specialist (SPC)/E-4. His DD Form 214 for the period ending 2 August 2002 shows in: * item 4a (Grade, Rate, or Rank) the entry "PFC" * item 4b (Pay Grade) the entry "E3" * Item 12h (Effective Date of Pay Grade)...
ARMY | BCMR | CY2008 | 20080017636
The applicant requests, in effect, that his Chief Warrant Officer Four (CW4) promotion and Federal Recognition effective date be corrected to reflect 29 January 2008 vice 12 March 2008. The applicant provides the following documents in support of his application: Headquarters, 1st Battalion, 137th Aviation Regiment Memorandum, subject: Verification of Promotion Eligibility for (applicant), dated 26 September 2008; National Guard Bureau (NGB) Special Orders Number 214 AR, dated 19 August...
ARMY | BCMR | CY2013 | 20130000691
He adds that based on the policy memorandum for determining the grade of officers when retiring for physical disability, the promotion packet should have been submitted to the National Guard Bureau (NGB) and he should have been promoted to CW3. The evidence of record shows the applicant was recommended for promotion to CW3 on 1 November 2010 and the earliest date he was eligible for promotion was 13 November 2010. The applicant was not promoted to CW3 by the PAARNG or granted Federal...
ARMY | BCMR | CY2014 | 20140006840
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 November 2005. The applicant provides: * three DA Forms 4187 (Personnel Action) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DD...
ARMY | BCMR | CY2006 | 20060011200
The applicant requests that items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 January 2006 be corrected to show sergeant first class/pay grade E-7; that item 12a (Date Entered AD [Active Duty] This Period) be corrected to show 6 July 2004; that item 12b (Separation Date This Period) be corrected to show 2 February 2006; that item 12c (Net Active Service This Period) be corrected; and that item...
ARMY | BCMR | CY2014 | 20140018279
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 12b (Separation Date This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 May 2009 to show 30 May 2009 instead of 23 May 2009. The applicant provides: * discharge orders, dated 20 May 2009 * DD Form 214 for the period ending 23 May 2009 * amended discharge orders, dated 27 May 2009 CONSIDERATION OF...
ARMY | BCMR | CY2012 | 20120004954
The applicant provides: * DD Form 214 * Kosovo (Kosovo Force) Identification Card (ID) * military ID card showing his rank and pay grade as SPC/E4 * Article on the 1st Battalion, 32nd Infantry * letter from his commander to his mother postmarked from Kosovo * notarized letter from his mother * previous DD Form 149 (Application for Correction of Military Record) CONSIDERATION OF EVIDENCE: 1. The evidence of record shows the applicant was issued separation orders dated 11 April 2003 showing...
ARMY | BCMR | CY2011 | 20110001971
The applicant requests items 4a (Grade, Rate, or Rank), 4b (Pay Grade), and 12i (Effective Date of Pay Grade) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 October 2010 be corrected. Her DFAS LES, dated 5 November 2010, shows her pay grade as E-3. DISCUSSION AND CONCLUSIONS: The DFAS information which shows the applicant was separated in the pay grade of E-3 on 16 October 2010 is accepted as sufficient evidence on which to amend items...