IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140018279
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) 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.
2. The applicant states:
* his correct separation date is 30 May 2009
* he had a couple of medical appointments already set up before the DD Form 214 was issued
* when he noticed this, he informed the administrative office of the demobilization organization he was assigned to
* he never received the DD Form 215 (Correction to DD Form 214) after several attempts and requests
* when they issued his DD Form 214, he also informed them he was immediately entering an Active Guard Reserve status which they did not process correctly
* this ultimately dropped his whole family from the Defense Enrollment Eligibility Reporting System (DEERS) and took quite a while to get his family reenrolled in DEERS
* this put his financial status in an uproar with upcoming medical appointments
3. 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 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 was ordered to active duty as a member of the Army National Guard on 10 October 2007 in support of Operation Enduring Freedom. He served in Kosovo from 23 October 2007 to 16 May 2009.
3. He provided Headquarters, U.S. Infantry Center, Orders 140-2217, dated 20 May 2009, which released him from active duty (REFRAD) effective 23 May 2009.
4. His DD Form 214 for the period ending 23 May 2009 shows in:
* item 12b 23 May 2009
* item 12c (Net Active Service This Period) 1 year, 7 months, and 21 days
5. He provided Headquarters, U.S. Infantry Center, Orders 147-2204, dated 27 May 2009, which amended Orders 140-2217, dated 20 May 2009, to show he was REFRAD effective 30 May 2009.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 for the period ending 23 May 2009 shows he was REFRAD on 23 May 2009 after completing 1 year, 7 months, and 21 days of creditable active service. However, Headquarters, U.S. Infantry Center, Orders 140-2217, dated 20 May 2009, amended his REFRAD date to 30 May 2009. Therefore, it would be appropriate to amend items 12b and 12c of his DD Form 214 for this period to show he was REFRAD on 30 May 2009 after completing 1 year, 7 months, and 28 days of creditable active service.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 23 May 2009:
a. deleting the current entry in item 12b and replacing it with the entry "2009 05 30"; and
b. deleting the current entry in item 12c and replacing it with the entry "0001 07 28."
_______ _ _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) AR20140018279
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ABCMR Record of Proceedings (cont) AR20140018279
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