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ARMY | BCMR | CY2014 | 20140008058
Original file (20140008058.txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140008058 


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:

	a.  reissuance of Fort Belvoir retirement order 192-0001 (she probably means 192-0020), dated 10 July 2008 or Fort Belvoir retirement order 142-0001, dated 21 May 2008, if this order has not be revoked or rescinded, by amending as follows:

		(1)  delete the line "Voluntary Retirement: 20 years, 8 months, 25 days" and replace it with the entry "Voluntary Retirement:  21 years, 05 months, 06 days"; and 

		(2)  delete the line "Section 1405:  21 years, 5 months, 21 days" and replace it with the entry "Section 1405:  22 years, 02 months, and 17 days."

	b.  revoke U.S. Army Human Resources Command (HRC) retirement order 
P-02-190041, dated 23 February 2011, with amendment orders P-02-190041A01, dated 21 April 2011 and P-02-190041A02, dated 27 April 2011.

2.  The applicant states:

	a.  She cannot travel or move her personal property from her last active duty station to her house of selection using retirement order P-02-190041, dated 23 February 2011 with amendments P-02-190041A01, dated 21 April 2011 and P-02-190041A02, dated 27 April 2011 that HRC issued in 2011.

	b.  She earned regular retirement with over twenty years of active Federal service while serving in an active duty status in the Army.

	c.  In accordance with the Joint Federal Travel Regulation, paragraphs U5130-84 (Member Travel Upon Retirement), U5230-B3 (Dependent Travel), and U55365 (Retirement), she is entitled to travel and move her family and personal property from her last active duty station to her home of selection.

	d.  She initially received retirement orders (published in Format 600, per Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-18 (Retirement Orders) from the Fort Belvoir Transition Center while serving in an active duty status, but her service time was incorrect.  

   e.  She immediately notified the Fort Belvoir Transition Center's Noncommissioned Officer-in-Charge (NCOIC) who informed her that HRC had to correct the service computation documents.  When HRC finally corrected the service time in 2011, this agency issued new orders in Format 686 that she cannot use to move to her home of selection.
   
   f.  She forwarded copies of the new orders to both the Fort Belvoir Travel and Transportation Offices in preparation for her move.  In May and July 2011, personnel from both offices advised her that the orders need to be amended in order to use them for travel and movement of her household goods; however, HRC informed her that their office does not publish retirement orders with Movement Designator Codes (MDC) or fund cites (which authorize movement).  HRC also advised her that she would not receive any additional amendments from their office.  Therefore, she could not use any orders HRC issues that will allow her to complete her travel and movement of her household goods to her home of selection.  
   
   g.  The HRC retirement orders and amendments should have never been published.  The Fort Belvoir Transition Center personnel should have amended the original Fort Belvoir retirement orders to reflect the correct service time once they received that information from HRC.  Instead, HRC published new orders that she did not need and the Transition Center personnel revoked the original Fort Belvoir order despite the fact that she informed both parties that she had already used the order.  She had to use the orders to preserve her transportation entitlements because HRC was taking too long to provide the corrected service computation documents.  

	h.  She also informed the Transition Center personnel that the Fort Belvoir Retirement Services Book (pages 49-50), in an excerpt from AR 635-200, outlined specific guidance on the format and authority for retirement orders, as well as on the amendment and revocation of retirement orders.  It was her understanding that once an order was issued, it was not supposed to be revoked.  They responded stating they were not aware of any such guidance and they revoked orders all the time.  Based on AR 635-200, Soldiers who retire from an active duty status are issued orders in Format 600, which provides the correct wording and codes for the authority to travel and ship household goods to a home of selection.  

	i.  This situation is unjust because she needs a retirement order in Format 600 that accurately reflects the correct service time in order to receive her correct retirement pay and that includes a correct MDC in order to complete her travel arrangements.  Initially, she had a retirement order with no corrected supporting service computation documents.

	j.  She now has re-calculated service computation documents with orders in a format that prevents her from moving to her home of selection.  It is unjust to take away the order that provides for her travel entitlement.  The order that she needs was revoked after she used it.  As a result, her life has been on hold. 

3.  The applicant also states:

	a.  She was called to active duty after 9/11 and she served at the Pentagon on numerous tours (under various orders) from December 2001 until June 2008 without a break in service.  She initially received retirement orders from the Fort Belvoir Transition Center in May 2008 with a retirement date of 30 June 2008.  Her service time was incorrect on the orders and she immediately notified the Transition Center.  She received a new set of order in July 2008, but she still does not have corrected service computation documents.

	b.  The Transition Center NCOIC advised her that HRC had to provide the service computation documents before she could receive her DD Form 214 (Certificate of Release or Discharge from Active Duty)  The Fort Belvoir Transition Center NCOIC told her to complete as much out-processing as she could without turning in her orders

	c.  She was extremely concerned about the accuracy of the service time because she is entitled to an accurate document because her service time directly affects retirement pay.

	d.  She suffered through numerous pay issues with Finance from the time she began Officer Basic Course throughout her military career.  She has been diligently working with Finance since July 2007 to correct the issues, but they have not been resolved.  
	e.  Finance erroneously took over 60 days of leave which prevented her from taking terminal leave and caused her to be indebted to the Government.  She needed an accurate leave balance to include on her request for retirement.  She contacted Retirement Pay about her situation and learned that any unresolved pay issues would definitely carry over to retirement pay.  It took Finance from July 2007 to November 2011 to correct her pay and it took from May 2008 to February 2011 to receive corrected service computation records from HRC.

	f.  The Fort Belvoir Transition Center would not issue her DD Form 214 without the corrected documents from HRC.  By July 2008, the Fort Belvoir Transition Center NCOIC transitioned to another assignment and HRC started transitioning to St. Louis, MO and later transitioned to Fort Knox, KY.  She claims that she encountered one road block after another because of these personnel transitions and office relocations.  Each time she connected with one of the numerous personnel, who began working her case, they left without notifying her, completing her paperwork, or providing any information about her case to replacement personnel.  

	g.  She eventually connected with the HRC Transition Branch Chief who offered immediate assistance.  The Transition Branch Chief stated he would refer her to another office even though this office was not responsible for processing her paperwork.  She provided the Transition Branch Chief with several supporting documents, including her retirement orders and a detailed explanation of the events leading up to the time she coordinated with this Transition Branch Chief.  She informed the Transition Branch Chief that she had used her retirement orders to preserve her transportation entitlements because so much time had transpired.  She clearly expressed to the Transition Branch Chief that she did not have corrected service computation documents, but she and the Fort Belvoir Transition Center received service computation documents several months later.  

	h.  The HRC office also published new retirement orders that not only contained some incorrect information, but that specifically stated "NO TRAVEL INVOLVED."  She asked the Transition Branch Chief why she did she receive new orders when she already had orders.  She also questioned him about the errors and the phrase restricting travel because she felt that the verbiage would adversely impact her ability to travel and ship her household property.  The Transition Branch Chief stated that HRC does not publish orders with a MDC, which is needed for travel and shipment of household goods.  The Transition Branch Chief told her that if she could obtain a fund cite he would include it on the orders.  HRC was not willing to correct any of the other erroneous information on the orders.  

4.  The applicant further states:

	a.  She then contacted Fort Belvoir transportation personnel at the Joint Personal Property Shipping Office, Mid-Atlantic and the Personal Property/Passenger Office.  She informed the representative at the Joint Personal Property Shipping Office that she had already used her original retirement orders to preserve her transportation authorization.  The personnel provided her more insight on the facts about retirement travel.  She learned that funding for her travel/move does not come from HRC and that it is the MDC that authorizes her move.  They reiterated the fact that when a Soldier retires in an active duty status with 20 years of active Federal service, that Soldier is authorized to move to his/her home of selection.  The representative from the Personal Property/Passenger Office advised her that she needed a current MDC and the representative informed his personnel not to proceed with any transportation paperwork for her until the situation with her orders was resolved.  She relayed this information to the HRC Transition Branch Chief, but he responded that he no longer had anything to do with officer retirements.  She contacted the HRC Personnel Actions Branch Chief, but learned the Personnel Actions Branch Chief would be on temporary duty (TDY) for a few weeks.  

	b.  She received assistance from a Soldier who coordinated with the Transition Branch Chief and helped her to effect the correction of some of the errors on the orders, but she still didn't have an MDC.  The Chief, Military Personnel Division, Directorate of Human Resources, Fort Belvoir interceded with HRC and she received the MDC on the orders.  

	c.  During the time he was coordinating with Fort Belvoir and HRC for corrected orders, Finance was still working to correct her pay issues.  She sent the new orders to the two Fort Belvoir offices responsible for processing her travel and transportation paperwork.  In May and July 2011, personnel from both offices notified her that she could not travel or move her personal property based on the verbiage on the orders.  Personnel from the Transportation Office questioned why the original retirement orders were revoked after she had already used them to extend her entitlements.  

	d.  Finance had successfully resolved all of her pay issues in November 2011.  She had to return to Fort Belvoir for out-processing through Finance, Travel and Transportation.  She notified HRC that she could not use the last orders they issued and she forwarded the information from both the Fort Belvoir Travel and Transportation Offices.  The HRC Branch Chief informed her that she would not receive any additional amendments from her office.  She again contacted the Chief, Military Personnel Division at Fort Belvoir who forwarded her case to the Transition Center Officer in Charge for action.  The HRC Branch Chief coordinated with HRC, but he was unable to resolve the problem.  He then advised her to go through this Board.

	e.  She has worked diligently with various agencies and agencies to resolve this matter, but she now has documents that do her no justice.  She thought she had closure when she received the MDC in April 2011, but she later found out she could not use the orders.  She learned that her original order should never have been revoked.  The delay in receiving her DD Form 214 has resulted in her not being able to receive medical care when she became ill despite the fact that she enrolled in and paid for TRICARE Prime before her retirement date.  

	f.  HRC made it clear that they did not issued the orders she need to complete her move, but they do issue orders for Soldiers who retire in an inactive status (Format 686).  The orders she initially received were issued from an active status and only needed amending once HRC provided the corrected service computation documents.  She discovered that she still have the very first retirement order, dated 21 May 2008 (Format 600) issued by the Fort Belvoir Transition Center.  She never received a revocation for this set of orders.

	g.  She remained in the Washington, DC metropolitan area from July until October 2008 at her own expense while working to correct her orders and pay issues.  When she returned to her home of record, her stepdaughter and her toddler were homeless and came to her place to stay.  Her father-in-law was a dialysis patient and private business owner.  When her father-in-law's health began to fail, her husband had to help run the business.  Her father-in-law broke his arm and hip so they became the sole care providers for him because her mother-in-law was placed in a nursing home for Alzheimer's disease.  Her father-in-law also suffered a couple of strokes and later passed away.  They also had to deal with additional home repair in the aftermath of Hurricane Irene as well as help care for her sister-in-law, a disabled diabetic.

5.  The applicant provides several documents as identified in the List of Enclosures for Tabs A through Q.

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.  The applicant enlisted in the U.S. Army Reserve (USAR) as a cadet in the Reserve Officers' Training Corps on 29 August 1977.  On 3 May 1980, she was discharged from the USAR to accept a commission.

3.  She was appointed as a second lieutenant in the North Carolina Army National Guard on 4 May 1980 and she was granted Federal recognition.  On 2 May 1982, her Federal recognition was withdrawn and she continued to serve in the USAR.

4.  She was ordered to active duty on 9 May 1983.  While on active duty, she was appointed as a first lieutenant in the Regular Army, effective 6 June 1983.

5.  She was honorably discharged on 28 June 1994 in the rank of captain.  On the following date, she was transferred to the USAR Control Group (Reinforcement).  

6.  Her DD Form 214 for the period ending 28 June 1994 shows she completed 11 years, 1 month, and 20 days net active service this period, no total prior active service, and 3 years and 5 days total prior inactive service.  

7.  On 31 October 1998, she was ordered to active duty and was honorably released from active duty (REFRAD) on 2 February 1999.  On the following date, she was transferred to the USAR Control Group (Individual Mobilization Augmentee (IMA)).  

8.  Her DD Form 214 for the period ending 2 February 1999 shows she completed 3 months and 2 days net active service this period, 12 years, 6 months, and 15 days total prior active service, and 5 years, 11 months, and 12 days total prior inactive service.  

9.  On 18 April 1999, she was ordered to active duty on 18 April 1999 and she was REFRAD on 24 September 1999.  On the following date, she was transferred to the USAR Control Group (IMA).  

10.  Her DD Form 214 for the period ending 24 September 1999 shows she completed 5 months and 7 days net active service this period, 12 years, 1 month, and 22 days total prior active service, and 6 years, 9 months, and 22 days total prior inactive service.  She was later issued a DD Form 215 which corrected items 12b (Separation Date This Period) and 12c (Net Active Service This Period) of this DD Form 214 to show the entries "1999 09 26" and "0000 05 09."

11.  On 17 October 1999, she was ordered to active duty and she was REFRAD on 31 March 2000.  On the following date, she was transferred to the USAR Control Group (IMA).

12.  Her DD Form 214 for the period ending 31 March 2000 shows she completed 5 months and 14 days net active service this period, 13 years, 2 months, and 24 days total prior active service, and 6 years, 2 months, and 19 days total prior inactive service.

13.  Her Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter) was issued to her on 6 June 2001.  

14.  On 12 November 2002, she was ordered to active duty in support of Operation Noble Eagle.  She was promoted to lieutenant colonel (LTC)/O-5 on 8 January 2004.  

15.  She was REFRAD on 19 June 2007 and she was transferred to the USAR Control Group (Reinforcement) on the following date.  

16.  Her DD Form 214 for the period ending 19 June 2007 shows she completed 4 years, 7 months, and 8 days net active service this period, 12 years, 10 months, and 23 days total prior active service, and 9 years, 6 months, and 15 days total prior inactive service.  

17.  On 20 June 2007, she was ordered to active duty in support of Operation Enduring Freedom.

18.  On an unknown date, she submitted her packet for the sanctuary program.  She provided a memorandum, dated 20 May 2008 [TAB O], from the Reserve Component Tours NCOIC, HRC, Alexandria, VA who informed the Department of the Army (DA), U.S. Army Garrison, Fort Belvoir, VA that the sanctuary retirement of the applicant had been reviewed and was approved for 30 June 2008.  The NCOIC stated:

	a.  The applicant achieved 20 years of active service while in a mobilized status and will receive a regular retirement from this status.  She will not be ordered to active duty under another authority nor will she be placed in the active Army personnel system for the purpose of retirement.  Her retirement will be processed from the status she is currently in.

	b.  The Fort Belvoir Transition Center will process the retirement and transfer the Soldier to the USAR Control Group (Retired), 1 Reserve Way, St. Louis, MO  63132-5200 upon completion of the retirement process.  A copy of the retirement orders and the DD Form 214 will be forwarded to this headquarters or faxed.

	c.  The transition/retirement order will act as the extension on active duty to allow the Soldier to use their transition leave prior to being separated from active duty.  The period from the day after the end date of the original mobilization to the end date of the transition/retirement will not exceed 30 June 2008.  From the day after the end date of the original mobilization order that ordered the Soldier to active duty under Title 10, U.S. Code (USC) section 12302 or section 12304 to the end date of the transition order the Soldier will be retained on active duty under Title 10 USC 12301(d).  

19.  She provided Orders 142-0001, dated 21 May 2008 [TAB B], published by the U.S. Army Garrison, Fort Belvoir, VA, which show she was REFRAD on 30 June 2008 and on the date following, she was placed on the retired list, in the rank of LTC.  These orders indicate the following information:

	a.  paragraph 1:

   (1)  Authorized place of retirement:  Fort Belvoir Transition Center, 
Fort Belvoir, VA; 

		(2)  Requested place of retirement:  N/A; 

		(3)  Effective date of retirement:  30 June 2008; 

		(4)  Date placed on the retirement list:  1 July 2008; 

		(5)  Voluntary retirement:  20 years, 8 months, and 25 days; 

   (6)  Section 1405:  21 years, 5 months, and 21 days; 
   
   (7)  Basic pay:  28 years, 1 month, and 27 days; 

   (8)  Additional instructions:  "b.  You are authorized up to one year to 
complete selection of a home and complete travel in connection with this action.  Movement of dependents is authorized"; 




   (9)  MDC:  7BO8 [7B code for a continental United States (CONUS)
permanent station and home of record (HOR), place entered active duty (EAD), or home of selection is in CONUS and is traveling to Transition Center for separation; "O" code for officer; and "8" code for fiscal year]; and 
   
   (10)  Format:  600 [code for service retirement of enlisted personnel].
   
	b.  paragraph 2:

		(1)  Assigned to:  Fort Belvoir Transition Center, Fort Belvoir, VA; 

   (2)  Reporting date:  30 June 2008; 

		(3)  Scheduled date of separation:  30 June 2008; 

		(4)  MDC:  7BO8; and

		(5)  Format:  430 [code for reassignment for separation processing].  

20.  She provided a copy of her DD Form 214 for the period ending 30 June 2008 [TAB P], which shows she was retired from active duty on 30 June 2008 after completing 1 year and 11 days net active service this period.  This DD Form 214 shows she completed 5 years, 7 months, and 19 days of active service during this period.  

21.  She provided Orders 192-0020, dated 10 July 2008 [TAB A], published by the U.S. Army Garrison, Fort Belvoir, VA, which show she was retired on 30 June 2008 and on the date following, placed on the retired list in the rank of LTC.  On the date placed on the retired list, she was transferred to the USAR Control Group (Retired).  These orders indicate the following information:  

	a.  paragraph 1:

   (1)  Voluntary retirement:  21 years, 5 months, and 28 days of service; 

   (2)  Section 1405:  22 years, 2 months, and 24 days;

   (3)  Additional instructions:  "b.  You are authorized up to one year to 
complete selection of a home and complete travel in connection with this action.  Movement of dependents is authorized";

   (4)  Format:  600; and 
   
   (5)  MDC:  7BO8.

	b.  Paragraph 2:

		(1)  Assigned to:  Fort Belvoir Transition Center, Fort Belvoir, VA;

   (2)  Reporting date:  30 June 2008; 

		(3)  Scheduled date of separation:  30 June 2008; and 

		(4)  Format:  430.  

22.  Orders C-08-011276 dated 3 August 2010 show she was released from the USAR Control Group (Reinforcement) and was assigned to the Retired Reserve for reaching her maximum authorized years of service, effective 3 August 2010.  These orders do not list a MDC and the format is listed as "450" [code for format among Reserve Components, control groups or units].

23.  On 7 December 2010, HRC published Orders C-12-017737, which also show she was released from the USAR Control Group (Reinforcement) and was reassigned to the Retired Reserve for reaching her maximum authorized years of service, effective 3 August 2010.  These orders do not list a MDC and the format is listed as "450."

24.  She provided an automated copy of her Service Computation for Retirement [TAB C], dated 24 January 2011, which shows:

   a.  Total active service:  21 years, 5 days, and 6 days;
   
   b.  Total service prior to current tour:  22 years, 6 months, and 8 days;
   
   c.  Total service for basic pay purposes:  28 years, 1 month, and 27 days; and 
   
   d.  Total service for percentage purposes (1405 Service):  22 years, 2 months, and 17 days.

25.  She provided Orders P-02-190041, dated 23 February 2011 [TAB D], published by HRC, Fort Knox, Ky which show she was retired and placed on the retired list and was assigned to the USAR Control Group (Retired).  These orders state "NO TRAVEL IS INVOLVED" and indicate the following information:

	a.  Retired Grade of Rank:  LTC;

	b.  Date placed on retirement list:  1 July 2008;

	c.  Basic pay:  28 years, 1 month, and 27 days; 

	d.  Voluntary retirement/total active duty service:  21 years, 5 months, and
6 days;

	e.  Section 1405:  22 years, 2 months, and 17 days;

	f.  Authorized place of retirement:  Greenville, NC;

	g.  Requested place of retirement:  Greenville, NC;

	h.  Format:  686 [code for retirement of ARNGUS and USAR personnel for qualifying active duty or Reserve service (HQDA only)); and

   i.  MDC is not listed.

26.  She provided Orders 066-0006, dated 7 March 2011 [TAB E], published by Fort Belvoir, VA, which revoked Orders 192-0020, dated 10 July 2008.

27.  She provided Orders P-02-190041A01, dated 21 April 2011, published by HRC, Fort Knox, KY which amended Orders P-02-190041, dated 23 February 2011 to show:

   a.  her authorized place of retirement as "Fort Belvoir, VA" instead of "Greenville, SC."
   
   b.  her requested place of retirement as "Fort Belvoir, VA" instead of "Greenville, SC."

28.  She provided Orders P-02-190041A02, dated 27 April 2011 [TAB D], published by HRC, Fort Knox, KY which amended P-02-190041A01, dated 21 April 2011 to add the entry "MDC:  7B01."

29.  She provided email correspondence between her and other military personnel discussing her issue regarding amendment of her retirement orders.  In a 15 July 2011 email [TAB H], a Team Leader, Personal Property/Passenger, HQDA, Deputy Chief of Staff, G-4, stated the applicant's extension of travel and shipping entitlement was approved and she was allowed additional time to get the current set of retirement orders and amendment with MDC 7BO1 be modified to show  "b.  "YOU ARE AUTHORIZED UP TO 1 YEAR TO COMPLETE SELECTION OF A HOME AND COMPLETE TRAVEL IN CONNECTION WITH THIS ACTION."  A memorandum, dated July 2013 [TAB I] shows her extension was approved.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the U.S. Army Garrison, Fort Belvoir also published Orders 192-0020 on 10 July 2008 retiring effective 30 June 2008 and placing her on the retired list.  However, these orders were later revoked by this issuing agency on 7 March 2011.  Therefore, there is no basis for amending these orders.

2.  The applicant's contention that she initially received her retirement orders from the Fort Belvoir Transition Center while serving in an active duty status, but her service time was incorrect is acknowledged and determined to have merit.  

3.  The evidence of record shows the applicant was issued Orders 142-0001, dated 21 May 2008, published by the U.S. Army Garrison, Fort Belvoir, VA, retiring her on 30 June 2008 and placing her on the retired list on the following date, in the rank of LTC.  These retirement orders show:

   a.  Voluntary retirement:  20 years, 8 months, and 25 days; 
   
   b.  Section 1405:  21 years, 5 months, and 21 days; and 
   
   c.  Basic pay:  28 years, 1 month, and 27 days.  

4.  However, the evidence of record shows the applicant's service computation for retirement was corrected on 24 January 2011 to show in part:

   a.  Total active service:  21 years, 5 days, and 6 days; 
   
   b.  Total service for percentage purposes (1405 Service):  22 years, 2 months, and 17 days.

5.  The applicant contends that the HRC retirement orders (P-02-190041, dated 23 February 2011) and amendment orders (P-02-190041A01, dated 21 April 2011 and P-02-190041A02, dated 27 April 2011) should have never been published and the Fort Belvoir Transition Center personnel should have amended the original Fort Belvoir retirement orders (142-0001, dated 21 May 2008) to reflect the correct service are acknowledged.

6.  The evidence of record shows HRC corrected the applicant's service computation on 24 January 2011 and subsequently issued new retirement orders which reflect the updated service computation.  However, the retirement orders issued by Fort Belvoir on 21 May 2008 were used to retire the applicant for length of service and these orders were not revoked.  Since her service computation was corrected after the effective date of the applicant's retirement, the orders should have been amended by the issuing agency, Fort Belvoir.  

7.  As a matter of equity, it would be appropriate to amend Orders 142-0001, dated 21 May 2008, published by the U.S. Army Garrison, Fort Belvoir, VA to show:

   a.  "Voluntary Retirement:  21 years, 05 months, 06 days" instead of "Voluntary Retirement: 20 years, 8 months, 25 days."
   
   b.  "Section 1405:  22 years, 02 months, and 17 days" instead of Section 1405:  21 years, 5 months, 21 days."

8.  In addition, it would be appropriate to revoke the following orders issued by HRC:

* P-02-190041, dated 23 February 2011
* P-02-190041A01, dated 21 April 2011 
* P-02-190041A02, dated 27 April 2011

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 the DD Form 214 of the individual concerned be corrected by:

	a.  amending U.S. Army Garrison, Fort Belvoir, VA, Orders 142-0001, dated 21 May 2008, to show:

   (1)  "Voluntary Retirement:  21 years, 05 months, 06 days" instead of 
"Voluntary Retirement: 20 years, 8 months, 25 days; and 
   
   (2)  "Section 1405:  22 years, 02 months, and 17 days" instead of Section 
1405:  21 years, 5 months, 21 days."

	b.  revoking the following orders issued by HRC:

   (1)  P-02-190041, dated 23 February 2011;
   
   (2)  P-02-190041A01, dated 21 April 2011; and 
   
   (3)  P-02-190041A02, dated 27 April 2011.




      ____________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)                                         AR20140008058





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ABCMR Record of Proceedings (cont)                                         AR20140008058



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  • ARMY | BCMR | CY2014 | 20140014992

    Original file (20140014992.txt) Auto-classification: Approved

    HRC Orders R-02-081755, dated 22 February 2010, ordered her to active duty in an Active Guard Reserve (AGR) status and assigned her to Company B, 399th Support Hospital, Taunton, MA, with a reporting date of 1 June 2010 under the provisions of Title 10, U.S. Code, section 12301(d). The applicant provided: a. a Days Inn hotel receipt, dated 26 September 2012, that shows her lodging for the period 24 through 26 September 2012; b. a travel query that shows her travels during the period 15...

  • ARMY | BCMR | CY2013 | 20130003908

    Original file (20130003908.txt) Auto-classification: Approved

    The applicant requests reconsideration of her earlier request for correction of her records to show: * she was medically retired by reason of disability due to post-traumatic stress disorder (PTSD) and sleep apnea instead of being released from active duty due to completion of required service in November 2008 * she completed 1 year, 8 months, and 8 days vice 1 year, 3 months, and 8 days of foreign service 2. The applicant provides: * Orders 201-09, dated 20 July 2006 * DD Form 1610...

  • ARMY | BCMR | CY2012 | 20120021114

    Original file (20120021114.txt) Auto-classification: Approved

    The applicant requests correction of her records as follows: * issuance of a new scroll in the rank of captain (CPT) and with a date of rank as 29 July 2011 * service credit for the gap between 29 July 2011 and 4 November 2012 * issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for full performance of active duty for training (ADT) from February to September 2012 * cancellation of her transfer orders to the U.S. Army Reserve (USAR) unit in Starke, FL 2. The...

  • ARMY | BCMR | CY2012 | 20120022129

    Original file (20120022129.txt) Auto-classification: Denied

    The applicant provides copies of his: * retirement application and orders * request for withdrawal of retirement * removal from promotion selection list * post-9/11 GI Bill transfer of benefit approval * request for retirement and promotion determination * HRC IG finding CONSIDERATION OF EVIDENCE: 1. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12 (Retirement for Length of Service), provides in: a. paragraph 12-8 (Service obligations), subparagraph d,...

  • ARMY | BCMR | CY2009 | 20090019406

    Original file (20090019406.txt) Auto-classification: Approved

    The applicant requests item 12a (Date Entered Active Duty This Period) of her 31 July 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show an entry date of 30 August 2006. The instructions for item 12a are to enter the beginning date of the continuous period of active duty for issuance of a DD Form 214 for which a DD Form 214 was not previously issued. The evidence of record contains permanent orders which show the applicant was ordered to active...

  • ARMY | BCMR | CY2005 | 20050005226C070206

    Original file (20050005226C070206.doc) Auto-classification: Approved

    The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...

  • ARMY | BCMR | CY2005 | 20050005275C070206

    Original file (20050005275C070206.doc) Auto-classification: Approved

    The applicant requests that her record be corrected to show that her permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing her to retain any and all PCS allowances she received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...