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